RAJESWARI Vs. KANNAMMAL

JUDGEMENT

(1.) DEFENDANTS are the appellants against the reversing decision.

(2.) PLAINTIFFS / Respondents filed the suit for declaration of title, possession and for mesne profits. Such suit having been dismissed, the plaintiffs filed A.S.No.1032 of 1987 before the High Court. Learned single Judge has reversed the decision of the trial court and decreed the suit. Hence the present appeal.

(3.) LEARNED single Judge by referring extensively to the terms of settlement dated 2.4.1932 came to the conclusion that in view of Section 10 of the Transfer of Property Act, the condition in the deed of settlement to the effect that after the death of Munuswami Naidu his heirs will also have life estate and had no right to alienate was void. On that basis, it was held that after the death of Munuswami Naidu, his surviving heirs succeeded to the property and subsequently by virtue of the release deed, Dadabai Ammal alone became the owner and therefore she could execute the deed of settlement in favour of her sons and accordingly the sale deed in favour of the plaintiffs was valid.