SUGUNA Vs. VINOD G NEHEMIAH

JUDGEMENT

(1.) THESE two appeals arise out of the common judgment and decree passed in C. S. No. 153 of 2002 and Tr. C. S. No. 374 of 2002 dated 12. 9. 2007. O. S. A. No. 330 of 2007 arises out of C. S. No. 153 of 2002. O. S. A. No. 331 of 2007 arises out of Transfer C. S. No. 374 of 2002. The first appellant and the second appellant in O. S. A. No. 330 of 2007 are the first and the second defendants in C. S. No. 153 of 2002 and the appellant in O. S. A. No. 331 of 2002 is the plaintiff in Transfer C. S. No. 374 of 2002.

(2.) FOR the purpose of convenience, the parties are arrayed as per their rank in O. S. A. No. 330 of 2007. The facts leading to the filing of the suits are as follows:

(3.) RESPONDENTS-1 to 4 contended that the said J. V. A. Nehemiah passed away on 9th February 2002. He was 89 years old at that time. It is the case of the first and second respondents that they took care of their father. The first respondent is having his business in Vellore and was frequently visiting Vellore for business purpose. He had his business in Chennai also. The appellant herein/first respondent in the suit, was working as a servant maid under J. V. A. Nehemiah ever since 1987. The specific allegation of respondents-1 to 4 herein is that the appellant herein had fraudulently brought about a settlement deed dated 15th December 2000 purported to have been executed by the Late J. V. A. Nehemiah in favour of Suguna the first appellant herein. It is stated that she was already married and living with her husband, who passed away on 9. 3. 2000. The document recited the first appellant herein as the wife of J. V. A. Nehemiah. RESPONDENTS-1 to 4 stated that their father was at the ripe age of 87 years at the time when the alleged settlement deed was executed; he was physically and mentally weak, and that the settlement deed was brought about by playing fraud on their father. On the strength of the settlement deed dated 15th December 2000, the appellant herein attempted to occupy the ground floor of the suit property. This resulted in the first respondent giving a complaint to the police on 16. 12. 2001. RESPONDENTS-1 to 4 state that the appellant herein entered into the ground floor of the premises by obtaining an interim order in a suit proceeding in Transfer C. S. No. 374 of 2002, originally filed before the XVI Assistant City Civil Court, Chennai, in O. S. No. 7398 of 2000 (in I. A. No. 21741 of 2001). In support of the contention that the first appellant exerted pressure and undue influence on the deceased to have the settlement deed executed, respondents-1 to 4 alleged that the deceased J. V. A. Nehemiah executed a registered will on 23. 7. 1997 which was probated before this Court in O. P. No. 19 of 2003 on 20th February 2003.