NARAYANASAMY Vs. PARVATHI AMMAL

JUDGEMENT

(1.) CHALLENGE in this Second Appeal is to the Judgment in A. S. No. 73/1994 thereby reversing the Judgment of trial court and decreeing Plaintiff's suit for declaration and permanent injunction. Defendant is the Appellant in the Second Appeal. For convenience, parties are referred as per their array in the suit. Pending Second Appeal, Plaintiff Parvathi ammal died and her legal representatives were brought on record in the Appeal as Appellants 2 to 7.

(2.) DECEASED Plaintiff Parvathi ammal is the sister's daughter of Dhanabagyammal and Defendant is the brother's son of said Dhanabagyammal. Case of the Plaintiff is that suit property fell to the share of Dhanabagyammal in the partition dated 9/7/1935. Dhanabagyammal executed a settlement deed (Ex. A2) dated 5/5/1965 in favour of the Plaintiff. Settlement deed was accepted and acted upon and given effect to and Plaintiff was in possession and enjoyment of the same. Plaintiff has been dealing with the property. The portion mentioned as 'a B C D' in the plan is the suit property and 'b C E F' is in possession of the Defendant. Plaintiff has been paying the tax. Defendant fraudulently obtained settlement deed from Dhanabagyammal by deed dated 15/9/1980 under Ex. B17 and it is an invalid document. According to the Plaintiff, she has also perfected title by adverse possession and defendant has no right in the suit property.

(3.) DENYING possession of the Plaintiff in the suit property and alleging that the Settlement deed in her favour is not valid, Defendant has filed written statement contending that he is in possession of the suit property. According to the Defendant, Settlement deed was revoked under Ex. B18 dated 17/6/1975 and that Dhanabagyammal had executed Settlement deed Ex. B17 in his favour on 15/9/1980.