S RAJESWARI Vs. PERUMAL

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree passed in A.S.No.75 of 2014 dated 26.06.2016 on the file of the Sub Court at Namakkal in reversing the judgment and decree and decree in counter claim made in O.S.No.23 of 2010 on the file of the Principal District Munsif Court at Tiruchengode dated 08.06.2011.

(2.) The appellant is the plaintiff and the respondents are the defendants and counter claimants in O.S.No.23 of 2010 on the file of the Principal District Munsif Court, Tiruchengode. The appellant succeeded before the Trial Court but lost in the First Appellate Court. The appellant filed the said suit originally for permanent injunction restraining the respondents from interfering with her peaceful possession and enjoyment of the suit property. The respondents, in the written statement, denied the title of the appellant. The appellant filed petition to amend the plaint to include the relief of declaration of her title.

(3.) The respondents filed written statement denying all the averments made in the plaint and contended that the settlement deed executed by the appellant's husband dated 25.01.2005 is a fraudulent one and it is false. The appellant's husband has no right to settle the suit property on the appellant. The appellant has no legal right, possession and enjoyment of the suit property. The appellant's husband is a member of political party and using the political influence and due to money and muscle power, to grab the property from the respondents, have created property tax receipts, changed patta, electricity service connection and obtained electricity receipts. In the suit O.S.No.66 of 2002, the respondents did not claim any declaration and right over the suit property. For the property in Door No.5/143 and 5/144, the property tax is assessed in favour of the first respondent for the year 2001-2002. The dismissal of the suit O.S.No.66 of 2002 would not be a resjudicata for the claim of respondents in the present suit.