VELLAIAMMAL Vs. SUBBULAKSHMI

JUDGEMENT

(1.) The unsuccessful 7th and 8th defendants, in O.S.No.223 of 2018, on the file of the Principal District Judge, Dindigul, are the appellants before us. The suit was filed by the first respondent herein / plaintiff for the reliefs of declaration of title, recovery of possession and for declaration to declare the sale deed, dtd. 9/5/2013 in Document No.1457/2013 in favour of the appellants as null and void and further, to declare the settlement deed, dtd. 5/6/2015, in document No.1758/2015 executed by the appellants also to be null and void.

(2.) For the sake of convenience, the parties are referred to as per their rank before the trial Court.

(3.) The plaint in brief as set out by the first respondent / plaintiff before the trial Court, is as follows: The plaintiff is the daughter of one Rengasamy Gowder and the defendants 1 to 7 are the siblings of the plaintiff. During the life time of father - Rengasamy Gowder, a settlement deed was executed on 17/10/2012 and the plaintiff was put in possession of the property as well. However, in 2015, taking advantage of the ill-health of the father, the defendants 1 to 5 took away the plaintiff's father and brought about the cancellation of the settlement deed executed in favour of the plaintiff. The plaintiff filed a suit in O.S.No.285 of 2013, which was withdrawn in order to file a Writ Petition in W.P.(MD)No.18927 of 2015 and it was dismissed with liberty to the plaintiff to approach the competent civil Court. Thereafter, the present suit in O.S.No.223 of 2018 came to be filed.