KURAISHA BEEVI Vs. MYMOONATH

JUDGEMENT

(1.) This revision petition has been filed for a direction to the learned District Munsif cum Judicial Magistrate, Eraniel, to number the plaint filed as O.S.SR.No.761 of 2016 and to direct the learned District Munsif to proceed the same in accordance with law.

(2.) Brief facts of the case is that the revision petitioner/plaintiff and her husband were residing in a house bearing Door No.C.M.C.No.6/36E (Old No.6-36B) in Survey No.C2-1/7A having an extent of 2 cents. The said property belongs to the plaintiff and she did not have children. The respondent/defendant who is none other than her sister's daughter was in good relationship with the plaintiff. The respondent taking advantage of the relationship demanded the revision petitioner to settle the property in her favour with the life interest vested with the plaintiff and her husband till their death. So saying, the plaintiff who is an illiterate woman, was taken to the Sub Registrar office, Colachel, for executing settlement deed, but under the guise of settlement deed, a fraudulent sale deed was executed by the defendant and at present, the defendant is forcing the plaintiff to evict from the suit property as she was intending to alienate the property. Hence, the plaintiff has filed the suit for the following reliefs:-

(3.) Though the suit was filed on 13.04.2016, the same was returned on two grounds:-