C. ABDUL BASITH Vs. M. DIVIYA DHARSHANA

JUDGEMENT

(1.) This Civil Revision Petition arises against the Order passed by the XIII Assistant Judge (FAC), XIV Assistant City Civil Court, Chennai in I.A. No.1 of 2022 in O.S. No.3837 of 2004, dtd. 31/3/2023. The revision Petitioners are the Third parties to the Suit.

(2.) The Suit in O.S. No.3837 of 2004 was presented by Diviya Dharshana alias Priya and Malathi, the Respondents 1 & 2 herein to declare that the cancellation of Settlement Deed bearing Document No.8779/2003, dtd. 8/12/2003 is null and void.

(3.) The Plaintiffs are the grand daughter and daughter of the First Defendant named Nithyavathi. The Second Defendant Sheela is the other daughter of Nithyavathi. The case of the Plaintiffs is that Nithyavathi had purchased the Suit Schedule mentioned property by way of a Registered Sale Deed in Document No.2281/1990, dtd. 4/6/1990. She had bequeathed the property in favour of Diviya Dharshana, the First Plaintiff by a registered Will, dtd. 19/3/1996. Thereafter, she had executed a Settlement Deed in favour of the First Plaintiff on 17/6/2002, reserving in herself the right to enjoy the corpus as well as the usufructs. Subsequently, Nithyavathi, the First Defendant decided to cancel the Settlement Deed executed in favour of the First Plaintiff, and did so by way of a Deed of Cancellation, dtd. 8/12/2003. She thereafter alienated the property in favour of her other daughter Sheela, the Second Defendant through a Document, dtd. 26/4/2004. This was also cancelled by the First Defendant by a deed of cancellation of Settlement Deed, dtd. 19/10/2005. Seeking to declare that the cancellation of Settlement Deed, dtd. 8/12/2003 is null and void, the Plaintiffs had presented the Suit.