KANNIAMMAL Vs. RANIAMMAL

JUDGEMENT

(1.) PLAINTIFF in O. S. No. 453 of 1996 on the file of the Principal District Munsif, Arni has filed the above appeal challenging the judgment and decree of remand dated 4. 12. 2004 passed in A. S. No. 1 of 1999 on the file of the Subordinate Court, Arni.

(2.) FOR convenience sake, the parties are referred to as arrayed in the suit.

(3.) THE plaintiff filed the suit for declaration and injunction. The plaintiff and the first defendant are sisters. The second defendant is the husband of the first defendant. According to the plaintiff, the suit properties originally belonged to one Narayana Gounder - the father of the plaintiff and the first defendant. Narayana Gounder and his wife -one Seethalakshmi Ammal executed a Will under Exa1 dated 23. 7. 1976 in favour of the plaintiff, the first defendant and their other daughter one Saroja Ammal. Thereafter, Narayana Gounder again executed another Will under Exa2 dated 23. 5. 1993 in favour of the plaintiff and the first defendant. On 17. 3. 1995, Narayana Gounder executed a registered settlement deed under Exa6 (also marked as Exb1) in favour of the first defendant in respect of item Nos. 4 and 7 of the suit properties. On 18. 9. 1995, Narayana Gounder revoked the Wills under Exa1 and Exa2 and on the same day, executed a sale deed in favour of the plaintiff under Exa3 in respect of the entire suit properties. On 27. 9. 1995, Narayana Gounder executed a settlement deed in favour of the first defendant in respect of item NO. 3 of the suit properties. According to the plaintiff, Exa6 and Exb4 dated 17. 3. 1995 and 29. 9. 1995 respectively have been obtained by defendants 1 and 2 by exercising fraud on Narayana Gounder and taking advantage of those documents, they are trying to disturb the possession and enjoyment of the plaintiff, which has necessitated filing of the suit.