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1992 Supreme(Mad) 516

PADMINI JESUDURAI, MISHRA
Chidambaram Pillai and others – Appellant
Versus
Muthammal and others – Respondent


Advocates:
T.R.Rajagopalan for P.Peppin Fernando, for Appellants. T.R.Mani, Senior Counsel, for Respondents.

Judgment :-

Mishra, J.

Thirumalai Vadivu Ammal filed a suit in the Sub Court, Tirunelveli in O.S.No.447 of 1979 to set aside a registered deed of settlement dated 21. 1975 which she herself had executed in favour of her brother’s daughter, the 1st defendant in the suit. The 2nd defendant, 2nd respondent is the husband of the 1st defendant, 1st respondent. She sought cancellation of the said deed on the ground that the respondents misrepresented that she was executing only a power of attorney for collecting the arrears of rent from the tenants. According to her, thus, the respondents exercised undue influence and fraudulently got the said document executed on the above misrepresentation.

2. The defendants/respondents denied the plea of misrepresentation, undue influence and fraud, denied that there were any arrears due from the tenants and stated that there was no necessity to execute a power deed. They came out with a positive case that the 1st defendant/1st respondent was brought up by the plaintiff, that the plaintiff gave her in marriage to the 2nd defendant/2nd respondent and met the marriage expenses. She, according to the defendants/respondents, executed the settlement deed k


































































































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