APPANDAINATHA NAINAR Vs. APPADURAI

JUDGEMENT

(1.) AN oft-repeated question on the construction of a document, whether it is a will or settlement arises in this Letters Patent appeal.

(2.) ONE Mallinatha Nainar, the first defendant in the suit, executed a document dated 5.6.1972 which was registered in the Office of Sub-Registrar, Gingee. He thereafter revoked the said document by another registered deed dated 20.8.1980. The plaintiffs, who are the grandsons of Mallinatha Nainar, filed the suit for declaration of their title to the suit properties on the ground that the deed executed on 5.6.1972 was a deed of settlement and Mallinatha Nainar has no right of revocation and he has no right to alienate the properties and the alienation made by him in favour of his another son, the second defendant in the suit and the subsequent sale in favour of outsiders by the second defendant are not valid in the eye of law, and hence, the suit has been filed for declaration that the plaintiffs are entitled to the suit properties as per the settlement deed dated 5.6.1972 and for other consequential reliefs.

(3.) POONGAVANAM v. PERUMAL PILLAI (1997(I) MLJ 169)