ANTHONIAMMAL Vs. A.JULIET

JUDGEMENT

(1.) The unsuccessful defendants are the appellants. The suit has been filed for declaration, possession and compensation. The suit was decreed as prayed for. Hence the present appeal.

(2.) The case of the first respondent/plaintiff is as follows: The suit property originally belongs to one Sarojammal. A sale deed was executed in favour of the vendor of the deceased Sarojammal dated 05.10.1986. Thereafter, a sale deed was executed under Ex.A2 in favour of the deceased Sarojammal and her husband. The husband of Sarojammal predeceased her. Under Ex.A3, a cash receipt for a sum of Rs.16 lakhs was paid by the husband of the first respondent/plaintiff on 02.06.2008. On the very same day, a registered power deed was executed by Sarojammal in his favour. Under Ex.A5, a sale deed was executed by Krishnamurthy, husband of the first respondent/plaintiff in her favour. Ex.A6 is the electricity consumption charges. Exs.A7 to A16 are the documents evidencing properties standing in the name of the first respondent/plaintiff. Ex.A7 is the name change certificate issued by the Corporation of Metro Water dated 31.08.2010 in the name of the first respondent/plaintiff after execution of the sale deed under Ex.A5.

(3.) It is the case of the first respondent/plaintiff itself that few days before the death of deceased Sarojammal, she was suffering from chronic illness of cancer. Ex.B1 Will was executed on 13.07.2010. Thereafter, she died on 23.08.2010 as per the death certificate Ex.B2 dated 29.10.2010. After the execution of Ex.B1 and immediately after few days before the death of Sarojammal, the second appellant, who is the daughter of the first appellant executed Ex.B3 by way of settlement deed. Exs. B4 to B17 are the documents pertaining to Sarojammal and her late husband.