ADHIKESAVALU REDDIAR Vs. R SELVARATHINAM

JUDGEMENT

(1.) The defendants are the appellants. The first respondent S. Radhabai filed the above suits for declaration that the sale deeds, dated 08. 12. 1995 and 24. 11. 1995 were obtained from her by the defendants/appellants by practicing fraud and misrepresentation and therefore, prayed to set aside the sale deeds and for injunction restraining the appellants from interfering with her possession and enjoyment of the suit property.

(2.) During the pendency of the suit, the plaintiff S. Radhabai died and the 2nd plaintiff was impleaded as the legal heir, on the basis of the alleged Will executed by S. Radhabai in favour of the 2nd plaintiff.

(3.) The case of the original plaintiff, S. Radhabai, in all the three suits, was that she was the owner of the property and the appellant in S. A. No. 1468 of 2007, who was none other than the brother's son of her husband, approached her for funds and as she was not in possession of funds, he requested her to execute a mortgage and raise funds and that mortgage would be discharged by the appellant in S. A. No. 1468 of 2007 and believing the representation of Adhikesavalu Reddiar and with an intention of helping him, she executed a mortgage deed and latter, she realised that under the pretext of mortgage, the appellants obtained the sale deeds in their names in respect of the schedule properties and therefore, the sale deeds were obtained by fraud and misrepresentation and no consideration was passed under those sale transactions and filed the suits for setting aside the sale deeds and for injunction.