A.PORKODI Vs. LEELAVATHI

JUDGEMENT

(1.) If the properties belong to three siblings and one of them mortgages the entire property to the Bank, by producing a forged Legal Heirship Certificate, what is the remedy open to the other sisters is the question which arises in this Appeal Suit.

(2.) This Appeal Suit is filed by the unsuccessful plaintiffs, against the Judgment and Decree dtd. 19/7/2013, on the file of the VII- Additional City Civil Court, Chennai, in and by which, the suit filed by the appellants/plaintiffs for a permanent injunction restraining the 4th respondent/Bank, from bringing the entire property to auction and for partition of the suit property and to allot 1/3rd share each in the suit property, was dismissed by the Trial Court. B. Facts of the Case :

(3.) The facts of this case are not in controversy and by and large admitted by both sides. The suit property is a piece of plot measuring 1947 square feet in Old No.7 and New No.13, First Street, Plot No.24, Thiruppur Kumaran Colony, Saidapet, Chennai 15, comprised in T.S.No.22, Block No.3 of Mambalam Village, Chennai. The property was purchased by the plaintiffs' mother, namely, T.Roopavathi, by a registered sale deed dtd. 7/5/1987 registered as Document No.637 of 1987 with the Sub-Registrar, T.Nagar. She died on 13/7/1997, leaving behind her husband K.A.Annamalai, Porkodi, her daughter/first plaintiff, Manimegalai, her daugther/second plaintiff, and a son Tholkappiayan. The said Tholkappiayan died on 29/1/2006, leaving behind his wife, T.Leelavathi/the first defendant, his daughter Ponmozhi, the second defendant, and his son, T.Tamilmozhiyan/the third defendant. The plaintiffs' father K.A.Annamalai, died on 29/7/1998, leaving behind the plaintiffs and the said Tholkappiayan as his legal heir.