R. SUMATHI Vs. S. RAMUVEL

JUDGEMENT

(1.) The defendants 1 and 2 in the suit are the appellants. The 1st respondent herein filed a suit for declaration of his title to the suit property and to set aside the Settlement Deed dtd. 20/1/1996 allegedly executed by him in favour of the 1st appellant and also for a consequential injunction restraining the appellants and other respondents from interfering with his possession. The suit was dismissed by the Trial Court and on appeal filed by the 1st respondent, the findings of the Trial Court were reversed and the suit was decreed as prayed for. Aggrieved by the same, the appellants are before this Court. Plaint Averments:

(2.) (i) The 1st appellant is the daughter of the 1st respondent. The 2nd appellant is mother of 1st appellant and wife of 1st respondent. The 2nd respondent is the brother of 2nd appellant and the 3rd respondent is the relative of 2nd appellant.

(3.) The appellants and other respondents filed a written statement and contended that the relationship between the appellants and 1st respondent were very close and cordial. They specifically denied the averment in the plaint as if appellants and other respondents threatened the 1st respondent and compelled him to execute gift deed in favour of the 1st appellant. It was further contended that the 1st respondent sent several letters to the 2nd appellant and 2nd respondent herein admitting the execution of Settlement Deed on his own. It was further contended that the 1st respondent was leading an immoral life with another lady. It was also contended that the 1st respondent/plaintiff converted to Islam and changed his name and married a Muslim girl even during the subsistence of first marriage with the 2nd appellant. On these pleadings, the appellants and other respondents sought for dismissal of the suit.