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2014 Supreme(Mad) 1780

M.DURAISWAMY
Saroja – Appellant
Versus
R. P. Matheswaran – Respondent


Advocate Appeared:
For the Appellants:Hema Sampath, Senior Counsel for R. Meenal, Advocate.
For the Respondent:V. Sekar, Advocates.

Judgement Key Points

The key legal point established in this judgment is that Settlement Deeds obtained through misrepresentation and fraud, which are subsequently cancelled by the settlor, are not valid. This means that such deeds can be declared null and void, especially when the circumstances surrounding their execution are tainted by fraudulent conduct. Additionally, the judgment clarifies that a subsequent Gift Settlement Deed, executed after the cancellation of the fraudulent Settlement Deeds, can be legally valid and enforceable, provided it is free from fraud and undue influence.

The court emphasized that the validity of a Settlement Deed depends on its lawful execution, which includes free consent and proper understanding of the terms, particularly when the settlor is illiterate or vulnerable. If a Settlement Deed is procured by misrepresentation or fraud, it can be declared void or voidable, and the cancellation of such deeds by the settlor is a valid act to rescind the transaction. Furthermore, the court highlighted that the mere execution of a Gift Settlement Deed after the cancellation of earlier invalid deeds does not automatically invalidate the latter, provided it is executed without fraud or undue influence.

In the context of property law and transfer of property, the judgment underscores that the legal effect of cancellation deeds and subsequent gifts hinges on the absence of fraud and the genuine intention of the parties. It also reinforces that the burden of proof lies on the party asserting the validity of the deed, especially when allegations of fraud or undue influence are raised. Overall, the decision reaffirms that transactions tainted by fraud are not binding and that subsequent valid transactions can stand independently if executed properly.


Judgment

1. The above Second Appeals arise against the common judgment and decrees passed in O.S.No.919 of 2003, I.A.No.264 of 2007 in O.S.No.899 of 2003 and O.S.No.899 of 2003 on the file of the II Additional District Munsif Court, Salem, reversed by the common judgment and decrees of the Additional Sub Court, Salem passed in A.S.Nos.224, 226 of 2007 and 10 of 2008 respectively.

2. S.A.No.398 of 2009 arises against the judgment and decree passed in A.S.No.224 of 2007 on the file of the Additional Sub Court, Salem, reversing the judgment and decree passed in O.S.No.919 of 2003 on the file of the II Additional District Munsif Court, Salem. The plaintiffs and second defendant are the appellants and the respondent was the first defendant in the suit. The fourth appellant had died during the pendency of the appeal and his legal representatives were brought on record in the appeal. The plaintiffs filed the suit in O.S.No.919 of 2003 for declaration, injunction and to declare the Settlement Deed dated 07.04.2003 as not binding on them.

3. S.A.No.399 of 2009 arises against the judgment and decree passed in A.S.No.226 of 2007 on the file of the Additional Sub Court, Salem, reversing the jud




































































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