P. T. ASHA
N. Nagarajan – Appellant
Versus
Schekar Raj – Respondent
JUDGMENT
(Prayer: This Second Appeal is filed under Section 100 of the C.P.C, against the judgement and decree of the Court of the learned III Additional Judge, City Civil Court, Chennai in A.S.No.172 of 2018 dated 15.02.2018 dismissing the appeal and reversing the judgement and decree dated 28.06.2017 passed in O.S.No.6570 of 2014 by the learned VIII Assistant Judge, City Civil Court, Chennai.)
1. Saint Thiruvalluvar, the Great Tamil Poet had epitomized the role of a son in a couplet as follows:-
Translated the same means that "where a son conducts himself insuch a manner that people around would praise the father and state that the father must have undergone great penance to have begotten such a son."
The above words echoes the ethos of our society. The case on hand demonstrates how these values are fast loosing its significance.
The words of Justice V.R.Krishna Iyer in his Judgement reported in AIR 1980 SC 2181 - The Life Insurance Corporation of India Vs. D.J.Bahadur and Others "Judicial acceptance of social dynamics as protected by the Constitution is the crucial factor in this case" sets the tone for the instant case.
2. The unfortunate parents are the appellants before this Court.
The specific provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, particularly Section 23, can override the general law under the Transfer of Property Act, and can be u....
Settlement Deed can be cancelled in case beneficiary fails to comply with obligations imposed upon him under the deed.
(1) Cancellation of settlement deed – Section 23 is referable as conduct of transferee prior to and after execution of Deed of Gift or Settlement, as case may be.(2) Cancellation of settlement deed –....
The love and affection between the parent and the child is an implied condition in the Settlement Deed and any violation of this condition would amount to fraud, coercion or undue influence, thus att....
The court established that a settlement deed executed and registered is irrevocable unless valid grounds for cancellation exist, and that the Maintenance and Welfare of Parents and Senior Citizens Ac....
The Senior Citizens Act mandates that children must ensure their parents lead a dignified life, and property transfers can be voided if basic amenities are not provided.
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