CHINNAPPA ALIAS GOPAL RAJA Vs. AYYANAR RAJA

JUDGEMENT

(1.) LEGATEE of the plaintiff in O.S.No.l51 of 1979, on the file of the District Munsif's court, Srivilliputtur, is the appellant.

(2.) THE suit filed by the plaintiff (who is now no more) is one for cancellation of a settlement deed dated 28.4.1973, executed by her in favour of the first defendant, and also for a permanent injunction restraining the first defendant from interfering with her peaceful possession and enjoyment of the suit properties.

(3.) IN the written statement filed by the first defendant, he has said that he never took advantage of her old age, and that he did not create any fraudulent document. He said that the document is genuine and the same was acted upon to the knowledge of the plaintiff. He said that he was not in a dominating position, nor did he influence the plaintiff in any way for executing the settlement deed. He said that the suit was filed only at the instance of one Krishnamaraja, plaintiff's elder sister's son, and that it was only at his instance the revocation deed was also executed. He has further stated that he has effected improvements in the property, and that the plaintiff has no cause of action.