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2012 Supreme(Mad) 3949

S.VIMALA
P. Sivabushanam – Appellant
Versus
E. Sivamani – Respondent


Advocates Appeared:
A.V. Munusamy, for Appellants
Ms. P. Srividhya for A. Muthukumar and V. Sundar, for Respondents

JUDGMENT

1. The plaintiffs are the appellants. The second appeal has been filed against the decree and judgment, dated 5.12.2000, passed in A.S. No. 12 of 1996 on the file of the learned Subordinate Judge, Kancheepuram, confirming the judgment and decree, dated 18.12.1995, passed in O.S. No. 1713 of 1991 on the file of the learned District Munsif, Kancheepuram.

2. The substantial questions of law framed at the time of admission are as follows:

“1. Whether the unconditional settlement will become invalid merely by revoking the same by the settlor without challenging the same before the Court of law and will it not against the letter and spirit of Section 126 of the Transfer of Property Act?

2. Whether the registered unconditional settlement deed viz., Exhibit A-1 found in effective is correct as the same was not challenged by the settlor or interested persons in the Court within the prescribed time of three years?

3. Whether the settlement deed viz., Exhibit A-1 went unchallenged before the Court of law by the settlor except the deed of Revocation shall loose its validity by contesting the same by third parties claiming title under void and invalid sale deed Exhibit B-2?

4. Whether the on





















































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