S RATHNAM NAIDU Vs. KANNI AMMAL

JUDGEMENT

(1.) DEFENDANTS 1 and 2 are the appellants in this court. Plaintiffs 1, 2, 3, 5, 6, 7, 8 and defendants 3, 4, 5,6 and 7 are the respondents herein. The plaintiffs and defendants 3 to 6 are the children of the sisters of Kishtappa Naidu. The said kishtappa is the husband of Ammayee Ammal. After the death of Kishtappa. Ammayee Ammal has executed a settlement deed in favour of the first defendant in the suit. Ammayee Ammal died on 12-1-1959. The second defendant in the suit is the transferee for valuable consideration of the properties settled upon the first defendant by late Ammayee Ammal.

(2.) THE plaintiffs filed the suit for cancellation of the settlement deed dated 12-111958 executed by Ammayee Ammal in favour of the first defendant and for possession of the suit properties on the ground of fraud and undue influence by the first defendant.

(3.) THE case of the plaintiffs is that the plaint schedule properties consisting of nine items of nanja and punja lands and item 10. house and sits, in Arunparuthy village are originally said to belong to one Kishtappa Naidu. After his death, his only son, perumal Naidu, also passed away, leaving one Ammayye Ammal his widowed mother, who was absolutely entitled to the properties. Plaintiffs 1 to 8 and defendants 3 to 6 are Ammayee Ammal's husband's sister's children. The seventh defendant is the cousin brother of Ammayee Ammal's husband, with whom and with whose help Ammayee Ammal was living. The first defendant from the village, managed to take away Ammayee Ammal to Madras, where he immediately took a settlement deed, Ex b-1, fradulently using his undue influence, and taking advantage of her illness and old age. There was no delivery of possession in accordance with the settlement deed.