SUGUNA Vs. DISTRICT COLLECTOR, COLLECTOR OFFICE

JUDGEMENT

(1.) The Writ on hand has been instituted questioning the validity of the Order, dtd. 22/10/2021 passed by the Second Respondent/Revenue Divisional Officer setting aside the Settlement Deed executed in favour of the Writ Petitioner by the Third Respondent, who is none other than her mother.

(2.) The Petitioner states that the Third Respondent, the mother of the Petitioner executed registered Settlement Deed, dtd. 15/6/2016 registered as Document No.4497/2016 on the file of the Sub-Registrar Office, Udumalpet in respect of 2.50 acres in S.No.14/3B, Periya Valavadi Village and another, dtd. 7/12/2016 registered as document No.9328/2016 on the file of the Sub-Registrar Office, Udumalpet, in respect of 72 cents in S.No.14/3B, Periya Valavadi Village. The Petitioner states that the said Settlement Deeds were executed out of natural love and affection. The Settlement Deeds had come into force and necessary changes were made in the revenue records in favour of the Petitioner. The Petitioner mortgaged the property with Kuralkuttai Primary Agricultural Co-operative Bank.

(3.) The Petitioner states that the Third Respondent was living with her and they together filed a Civil Suit in O.S. No.74/2017 on the file of the Sub- Court, Udumalpet against the brother of the Petitioner viz., G. Suresh for Partition of the other properties left behind by the father of the Writ Petitioner. The Suit was decreed ex parte. Subsequently, the ex parte Decree was set aside and the Suit is pending as of now. The brother of the Writ Petitioner also filed a Suit in O.S. No.227 of 2016 on the file of the Sub- Court, Udumalpet against the Petitioner and the Third Respondent to declare that the Settlement Deeds executed in favour of the Petitioner are null and void. The said Suit is also pending. While so, the Third Respondent at the instance of the brother of the Writ Petitioner filed an application under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 to Cancel the Settlement Deeds executed in favour of the Writ Petitioner by the Third Respondent.