PANNEERSELVAM Vs. MOHAN

JUDGEMENT

(1.) The Plaintiffs are the Appellants before me.

(2.) The Plaintiffs filed O.S. No.223 of 2009 before the learned Principal District Munsif, Chidambaram, seeking to declare the Sale Deed executed by their father/Krishnamoorthy in favour of the sole Respondent as null and void and for consequential recovery of possession.

(3.) The bare facts necessary for the case are that the Suit schedule mentioned property belonged to one Uthirapathy, son of Ramasamy, the maternal grandfather of the Plaintiffs. Out of natural love and affection towards the Plaintiffs, the said Uthirapathy executed a Settlement Deed on 1/3/1999 settling the Suit Schedule mentioned property in favour of the Plaintiffs. As the Plaintiffs are minors on that date, the property was handed over to their natural guardian Krishnamoorthy, the father of the Plaintiffs. Having acquired the property, Krishnamoorthy alienated the same in favour of the sole Respondent on 27/11/2002. Prior to the alienation of the property, he did not obtain permission of the Court. Therefore, treating the sale as voidable, the Plaintiffs came forward with the Suit for the aforesaid reliefs.