K SUBRAMANIAN Vs. RAMACHANDRA NAIDU

JUDGEMENT

(1.) THE unsuccessful plaintiff before both the Courts below is the appellant herein.

(2.) THIS suit was filed for declaration of title and recovery of possession. The plaintiff would contend that Kuppu Mudaliar got the suit property under Partition Deed dated 11.06.1962. By way of an unregistered Settlement Deed dated 20.12.1963, he settled the suit property in favour of his first wife Navaneethammal towards her maintenance. As the said document was not duly stamped, it was impounded by the Revenue Divisional Officer and the stamped duty and penalty was paid by Navaneethammal. Thereafter, the plaintiff purchased the said property under the Sale Deed dated 17.12.1981, from the said Navaneethammal. Claiming to be the rightful owner of the suit property under the aforesaid Sale Deed dated 17.12.1981, the suit was laid by the plaintiff not only for declaration of title, but also for recovery of possession.

(3.) THE following substantial questions of law were framed at the time of admission of the Second Appeal: