LAWS(MAD)-2012-7-498

M. ALAMELU Vs. K. GANESAN

Decided On July 31, 2012
M. Alamelu Appellant
V/S
K. GANESAN Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 3.2.2011 made in IA.No.326/2009 in OS.No.22/ 2009 by the learned District Munsif, Pudukottai.

(2.) THE above said suit was filed by the Respondent/Plaintiff for declaration that the settlement deed dated 10.01.2005 said to have been executed by Jayalakshmi/2nd Defendant in the suit and the deceased Karuppaiyan in favour of the Revision Petitioner/1st Defendant is null and void and not binding upon the Plaintiff and for permanent injunction restraining the Defendants from interfering with his peaceful possession and enjoyment of the suit property.

(3.) IN the meanwhile, Karuppaiyan along with his second wife Jayalakshmi is said to have executed a settlement deed dated 10.1.2005 in favour of the 1st Defendant in respect of the suit properties. Mariyayee died on 12.11.2004. Neither Karuppaiyan nor his second wife Jayalakshmi have no right over the suit properties and therefore, the settlement deed executed by Karuppaiyan and the 2nd Defendant in favour of the 1st Defendant is null and void and is not binding upon the Plaintiff. Hence, the suit has been filed.