S. VASUDEVAN Vs. S. GUNASEKARAN

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the Courts below. The defendant in the suit is the appellant herein. The appellant/defendant is the brother of the respondent/plaintiff. The suit was filed for declaration and for recovery of possession based on a settlement deed dtd. 10/12/2004 (Ex.A2) executed in favour of the respondent/plaintiff by his mother.

(2.) Before the Trial Court, the respondent/plaintiff filed 23 documents on his side, which were marked as exhibits A1 to A23, which included the settlement deed (Ex.A2) dtd. 10/12/2004. On the side of the appellant/defendant, he had filed only one document, namely, the caveat, which was marked as Ex.B1, dtd. 15/2/2007. The appellant/defendant claimed in his written statement that he is also a legal heir of his deceased mother along with the respondent/plaintiff and therefore, he is also entitled for a share in the suit schedule property. He also claimed that he is in lawful possession of the suit schedule property for several years.

(3.) Based on the oral and documentary evidence, the Trial Court has decreed the suit in favour of the respondent/plaintiff on the ground that the appellant/defendant has been unable to establish that he is also entitled for a share in the suit schedule property, being a legal heir of his deceased mother. The Trial Court relying upon Ex.A2, namely, the settlement deed dtd. 10/12/2004 executed in favour of the respondent/plaintiff by his mother and other documents, which were filed and marked as exhibits on the side of the respondent/plaintiff, held that the respondent/plaintiff is the absolute owner of the suit schedule property and therefore, granted the reliefs as prayed for in the plaint.