SAKKARATHAYAMMAL AND ORS. Vs. SHANMUGAVEL CHETTIAR AND ORS.

JUDGEMENT

(1.) DEFENDANTS 4, 6 and 7 Legal representative of Fifth Defendant in O.S. No.85 of 1974, Sub Court, Tuticorin are appellants herein. Plaintiff is the first respondent. Second defendant having died, his legal representatives are impleaded as respondents 4 to 8. Third defendant, the wife of the second defendant is the wife of the third respondent.

(2.) THE suit was filed for declaration of plaintiff's title to the 1st Schedule property, and to direct defendants 4 to 7 to deliver possession, and to pay mesne profits or in the alternative to direct defendants 2 and 3 to pay plaintiff the amounts specified in the 2nd Schedule with costs.

(3.) FIRST defendant, who was in occupation of the property as a tenant under Sankaralinga opposed this claim by stating that Sankaralinga had cancelled the settlement deed dated: 16 -9 -1968 by a cancellation deed dated : 15 -10 -1968, and executed a gift deed in favour of his three daughters viz., Gomathi, Muthammal and Ananchi Ammal on 17 -10 -1968, settling the 1st Schedule property on 31st October, 1968. Sankaralinga issued a lawyer's notice to second defendant informing him about the cancellation of the settlement deed dated 16 -9 -1968 and the execution of the gift deed, but no reply was received from him. The Power of Attorney brought about by second defendant was also cancelled by Sankaralinga on 24 -10 -1968 on knowing about the fraud played upon him in view of his old age and ill -health. The settlement deed dated : 15 -9 -1968 was not accepted and acted upon. The donees had been in possession and enjoyment of the property covered by the gift deed dated : 17 -10 -1968 by paying taxes, etc. in their names. First defendant continued to be in possession of the property having been inducted as a tenant. The alleged sale deed in favour of the plaintiff is not a valid one.