LAWS(MAD)-1966-6-14

S. THIRUPATHI PILLAI Vs. GANTHIMATHI AMMAL AND ANR.

Decided On June 27, 1966
S. Thirupathi Pillai Appellant
V/S
Ganthimathi Ammal And Anr. Respondents

JUDGEMENT

(1.) THIS appeal arises out of a suit instituted by the first respondent for declaration, possession and damages. The short facts of the case are these.

(2.) THE suit property originally belonged to one Sivarama Pillai, the father -in -law of the first respondent Ganthimathi Animal. He settled the suit property on Ganthimathi Ammal under a registered settlement deed dated 14th November, 1947. The contents of the deed reveal that the suit property was settled on the first respondent in consideration of her marrying his son as his second wife. But, in the year 1956, Sivarama Pillai revoked the settlement deed, and by Exhibit B -2 dated 24th March, 1959 he sold the suit property to his own son -in -law the appellant herein. The first respondent therefore filed the suit for declaration and possession.

(3.) THE Courts below gave a concurrent finding that the settlement deed, Exhibit A -l, was a true and valid document binding on the appellant, and that the sale deed Exhibit B -2 was not binding on the first respondent.