MARUTHATHAL Vs. AGNIMUTHU

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 24. 01. 2003 of Subordinate Court, Sankarankovil in C. M. A. No. 16 of 2002, confirming the order dated 05. 06. 2002 of Principal District Munsif, sankarankovil in I. A. No. 316 of 2001 in O. S. No. 69 of 2001. The Defendant is the revision Petitioner.

(2.) O. S. No. 69 of 2001:- The First Plaintiff claims to be the Wife of Muthukumara Thevar. The Second Plaintiff is the Daughter of the first Plaintiff and the said Muthukumara Thevar. The Defendant is the First wife of Muthukumara Thevar. The said Muthukumara Thevar had executed a settlement Deed dated 04. 07. 1973 settling some items of properties in favour of the Defendant. As per the Settlement Deed, the Defendant is to enjoy those settled items of property during her lifetime without any alienation and after her lifetime, the properties are to devolve upon the heirs of Muthukumara thevar. The Suit Properties and some other Items of Property were bequeathed to the Plaintiffs by the said Muthukumara Thevar executing a Registered Will dated 21. 08. 1988. After the death of Muthumumara Thevar, the Plaintiffs are in possession and enjoyment of the Suit Property. The Defendant without the knowledge of the Plaintiffs attempted to get Patta in her favour, which was prevented by the Plaintiffs. Hence, the Plaintiffs have filed the Suit for declaration and also for Permanent Injunction restraining the Defendant from in any way alienating the Suit Property and causing interference to the possession of the Plaintiffs in the Suit Properties.

(3.) AGGRIEVED over the order of Temporary Injunction, the defendant has preferred this Civil Revision Petition. Assailing the Impugned order, learned counsel for the Revision Petitioner / Defendant has submitted that when the evidence regarding the proof of Will is full of contradictions, the Courts below ought not to have relied upon the Will in support of the plaintiffs. Drawing the attention of the Court to the Settlement Deed executed by Muthukumara Thevar, learned Counsel for the Revision Petitioner / Defendant has submitted that when the Defendant has been vested with the right to be in possession of the properties of Muthukumara Thevar, the Courts below erred in granting a blanket order of Temporary Injunction and the Order of Injunction cannot be sustained. Learned counsel for the Revision Petitioner has further submitted that the Defendant has no intention of alienating the properties and the Injunction restraining the Defendant from alienating the properties cannot be maintained.