K. SENTHIL Vs. K. PANNEERSELVAM AND OTHERS

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree dated 12.07.2017 made in A.S.No.181 of 2016 on the file of the XVI Additional City Civil Court, Chennai, confirming the judgment and decree dated 26.07.2013 made in O.S.No.3262 of 2010 on the file of the XVI Assistant City Civil Court, Chennai.

(2.) The second defendant, who is unsuccessful in the Courts below, is the appellant herein. The first respondent filed O.S.No.3262 of 2010 on the file of the XVI Assistant City Civil Court, Chennai, for declaration that the settlement deed executed by the deceased first defendant in favour of the appellant as null and void and for partition. According to the first respondent, the suit property was allotted by Tamil Nadu Slum Clearance Board, to his father Kannaiah. After his death, the appellant and respondents herein gave no objection to the Tamil Nadu Slum Clearance Board for transferring the allotment in favour of their mother, the deceased first defendant. The Tamil Nadu Slum Clearance Board executed a sale deed in favour of their mother, the deceased first defendant. She is not absolute owner of the property. The appellant and the respondents herein have equal shares in the suit property. The deceased first defendant executed settlement deed in favour of the appellant without having absolute right over the property and it is invalid.

(3.) The appellant and the deceased first defendant filed written statement and denied all the averments made in the plaint and contended that the suit property is absolute property of the deceased first defendant and the settlement deed executed by the deceased first defendant is valid.