SWARNA KRISHNASWAMY Vs. GURU

JUDGEMENT

(1.) At the heart of this suit is an impugned settlement deed executed by the late Mr.S.Krishnaswamy (the Settlor) on 20/12/2006 in respect of the immovable property, more fully described in Schedule A to the plaint, bearing old Door No.19, new Door No.3, reassigned Door No.5, Srinivasa Avenue Road, Raja Annamalaipuram, Chennai- 600 028, comprised in R.S.No.4253/2 as per plan and previous document 4253/3 as per revenue records, and measuring about 4753 square feet (the Property). By such settlement deed, a life estate was created in the Property in favour of his wife and an absolute estate in favour of one of his daughters, the late Ms.K.Bhavadharini (Ms.Bhavadharini), and his grandson, Guru Dhananjay. The said document was registered as Document No.3729/2006 in Book - 1 in the Office of the Sub Registrar, Mylapore. The plaintiffs are the widow, son and daughters of the Settlor. The first defendant is the estate of K.Bhavadharini, the second defendant is the grandson of the Settlor and the son of Ms.Bhavadharini, the third defendant is one of the daughters of the Settlor and the fourth defendant is the Canara Bank, in which a locker stands currently in the name of the second defendant.

(2.) The plaintiffs impugn the settlement deed and pray for a declaration that such settlement deed be set aside. They also pray for the following: handing over possession of the ground and second floor of the Property to the first plaintiff; partition of the Property into six equal shares to be allotted to plaintiffs 2 to 5 and defendants 2 and 3 subject to the life interest in favour of the first plaintiff; a permanent injunction to restrain the second defendant from encumbering or alienating the Property; a permanent injunction to restrain the second defendant from interfering with the first plaintiff's peaceful possession and enjoyment of the Property; a permanent injunction to restrain the second defendant from operating locker No.577 in the fourth defendant; and a mandatory injunction to permit the fourth respondent to open locker No.577 in the presence of a senior officer of the bank and the first defendant and the second defendant so as to take an inventory of the contents thereof.

(3.) In the plaint, the plaintiffs stated that the Property was acquired by the Settlor from and out of his own income under sale deed dtd. 22/4/1977, which was registered as Document No.295/1997 in the Office of the Sub Registrar, Mylapore, Madras. Upon purchasing the Property, the Settlor took a loan from Muthialpet Benefit Fund Limited to develop the Property. He applied for and obtained a patta in respect thereof. The Settlor executed a Will on 27/4/1998, which was registered as Document No.107/1998 in Book - 1, in the Office of the Sub Registrar, Mylapore, Chennai South. Under the said Will, the entire ground floor of the Property was bequeathed along with undivided half share in the land in favour of the Settlor/testator's wife, Mrs.Swarna Krishnaswamy, for life, and thereafter in favour of his daughter, Ms.Bhavadharini. The ground and first floor of the Property together with undivided half share of the land was bequeathed in favour of the Settlor/testator's daughter, Ms.Bhavadharini, subject to the right of residence of the testator's wife, Mrs.Swarna Krishnaswamy.