MURUGESAN Vs. JAGADAMBAL

JUDGEMENT

(1.) -The Second Appeal has been preferred by the defendant.

(2.) The suit has been filed for declaration and injunction.

(3.) The case of the plaintiff was that on 30.5.56 one Karuppiah Padayachi and his wife Maruthayee executed a settlement in favour of the son of Karuppiah Padayachi's brother byname Kandaswamy, The defendant is Maruthayee's brother's son. On 30.5,1956 Karuppiah Padayachi, the original owner of the property, executed a settlement in favour of his wife Maruthayee. Subsequently, as there was no issue for them both of them executed a settlement on 4.12.1974 in favour of Murugesan. The said settlement was not acted upon. On 7.4.1980 Karuppiah Padayachi and Maruthayee cancelled the settlement deed dated 4.12.1974. In the 1983, Karuppiah Padayachi died. On 5.7.1983 Maruthayee sold the property to the plaintiff for Rs. 3800/-. Since the defendant attempted to interfere with the property the plaintiff has filed this suit.