ARJUNA PADAYACHINATARAJAN Vs. VALLIAMMAL, W/O ARJUNA PADAYACHI

JUDGEMENT

(1.) The Appellants herein are the defendants and the representatives of the deceased defendants. The respondent herein is the plaintiff in O.S.No.889 of 1995 on the file of District Munsif Court, Kallakurichi. The relief sought by the plaintiff is to declare title to the plaintiff in respect of the suit property and for permanent injunction restraining the defendants from interfering with her peaceful possession.

(2.) According to the plaintiff, the suit property is her absolute property which she got through her husband/first defendant by way of registered settlement deed dated 04.05.1965. While so, the first defendant had developed illicit intimacy with the 2nddefendant and on her bad advice, the first defendant through the other defendants trying to interfere her peaceful possession of the suit property and claiming right over the property based on some fabricated documents. According to the plaintiff, as per the settlement deed executed by the first defendant, she has right to enjoy the property till her lifetime. After her demise, the property should devolve upon her legal heirs absolutely.

(3.) The first defendant who is none other than the husband of the plaintiff has filed the written statement, which has been adopted by the other defendants. According to the first defendant, the settlement deed alleged to have been executed by him in favour of the plaintiff is not a valid document. It did not come into force since the plaintiff has deserted the first defendant and living separately. Only to bring her into the matrimonial fold, he executed the settlement deed with a fond hope that she will join with him and live together.