RENGASAMY Vs. PALANIAMMAL

JUDGEMENT

(1.) LATE Vaiyapuri Naicker died intestate in the year 1959 and was survived by his widow, her son and two daughters. It appears that the daughters and widow executed release deeds in favour of the son, in terms whereof he became the absolute owner of the properties of Late Vaiyapuri Naicker and even dealt with those properties, creating third party interest.

(2.) ONE of the sisters, respondent No. 1 herein, filed a suit for partition being O.S.No. 766 of 1981, on the file of the Court of Principal Subordinate Judge, Coimbatore, seeking partition of the estate of Late Vaiyapuri Naicker alleging that the release deed was obtained under a misrepresentation as if it was to be for obtaining high tension electric connection. In the suit, the persons, in whose favour the son/the appellant had transferred interest, were impleaded as defendants 4 to 23. The written statements were, however, filed only by defendants 6 and 13, apart from the first defendant in the suit (appellant herein), which was adopted by the second defendant. The suit, after contest, was, however, dismissed on 19.9.1984.

(3.) IN the course of pendency of LPA, an endeavour was made to settle the dispute; but, that compromise was arrived at only between the legal heirs of Late Vaiyapuri Naicker. The widow had passed away in the meantime. This compromise was accepted on 17.3.2004, and a compromise decree was passed in the LPA. In this proceeding, the two sisters being the original plaintiff and the second defendant, filed affidavits accepting the release deeds.