K. HAWA BEE Vs. C.T. BOOPALAN

JUDGEMENT

(1.) THIS is a suit for declaration and consequential injunction.

(2.) THE plaintiff purchased the suit property on the basis of a sale deed dated 13 May 1974. The sale deed was registered before the Sub Registrar, Saidapet, vide document No. 1529 of 1974. After the purchase of property, patta was transferred to her name. The plaintiff was living elsewhere. Her husband died in September, 2005. The plaintiff being a Muslim woman, was not in a position to come to the suit property frequently. When she came to the suit property, it was found that the defendants have trespassed into the property. Her enquiry revealed that the second defendant, who claimed himself to be the owner of the property executed a settlement deed in favour of the first defendant, who is none other than her son. The defendants 1 and 2 have constructed a building in the property and got it assessed by the Corporation. The plaintiff preferred a police complaint against the defendants 1 and 2. Though the defendants 1 and 2 agreed to vacate the property and handover physical possession, they have not fulfilled their promise, resulting in filing the suit for declaration and consequential injunction.

(3.) THIS Court framed the following issues for consideration: -