M.MALATHI Vs. CHINNADURAI

JUDGEMENT

(1.) This civil revision petition has been filed challenging the order dtd. 8/12/2022 passed by the learned Subordinate Judge, Jayankondam, dismissing the application in E.A.No.143 of 2018 in E.P.No.03 of 2017 in O.S.No.102 of 2004 filed by the revision petitioner/third party under Sec. 151 of CPC.

(2.) The facts leading to the filing of the revision petition in brief are as follows:

(3.) The only contention of the revision petitioner before this court is that the lands comprised in S.No.293/1C4 - 27.5 cents and S.No.293/2C - 7.5 cents were already settled in her son's favour while giving life interest to her. When the life interest has already been given in her favour, the settlor (2nd respondent) had no right to execute an agreement of sale on behalf of the minor to sell the properties which were already settled by way of a registered settlement deed.Therefore, the suit for specific performance of the contract ought not to have been decreed by the trial court.