VASANTHI Vs. RAAKKU; MATCHKKALAI (DIED)

JUDGEMENT

(1.) The concurrent Judgments and decrees passed in Original Suit No.247 of 2005 by the District Munsif Court, Melur and in Appeal Suit No.155 of 2007 by the Principal Sub Court, Madurai are being challenged in the present second appeal.

(2.) The first respondent herein as plaintiff has instituted Original Suit No.247 of 2005 on the file of the trial Court for the reliefs of declaration and recovery of possession, wherein the present appellant and the deceased second respondent have been shown as defendants.

(3.) In the plaint it is averred that the suit property is the absolute property of the second defendant, who is none other than the husband of the plaintiff and he voluntarily executed a gift settlement deed, dated 08.12.2004 in favour of the plaintiff and the same has come into effect and on the date of its execution, possession of the properties mentioned therein has been given to the plaintiff and since then, the plaintiff has had enjoyed the same. The first defendant is the daughter of the second defendant born through his first wife and taking advantage of their relationship, the defendants 1 and 2 have entered into possession of the suit property. Under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.