POONGAVANAM Vs. PERUMAL PILLAI

JUDGEMENT

(1.) THE above second appeal has been filed by the plaintiff in O.S. No.313 of 1977 on the file of the District Munsif Court at Kallakurichi, against the judgment and decree of the learned Subordinate Judge, Vridhachalam, dated 28.8.1982 in A.S. No. 153 of 1991, reversing the judgment and decree of learned trial Judge dated 27.1.1981 in O.S. No.313 of 1977.

(2.) THE plaintiff has filed the suit for declaration of her title to the suit properties, for a directions the 2nd defendant to deliver possession of the suit properties to the plaintiff and for mesne profits.

(3.) THE 1st defendant filed a written statement contending that the 2nd defendant got a deed executed by the 1st defendant on 7.3.1972 fraudulently as a deed of settlement which she came to learn about only subsequently that it was in the form of a settlement deed that the document deed dated 7.3.1972 was not proved to be true and valid and that it had not come into force also, that the same was revoked by a revocation deed dated 5.9.1977, and thereafter, a settlement was executed in favour of the plaintiff and she also delivered possession to her and the 2nd defendant appears to have trespassed into the suit property and therefore the suit may be decreed as prayed for.