S. Saroja vs M. Balasubramanian - 2023 Supreme(Mad) 1007

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 1007

K. MURALI SHANKAR
S. Saroja – Appellant
Versus
M. Balasubramanian – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr.K.Prabhakar
For the Respondent: Mr.M.Ashokkumar

JUDGMENT :

PRAYER :- Appeal Suit filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree, passed in O.S.No.47 of 2012, dated 29.01.2014, on the file of II Additional District Judge, Trichy.

The Appeal Suit is directed against the judgment and decree passed in O.S.No.47 of 2012, dated 29.01.2014, on the file of II Additional District Court, Trichy.

2. The gist of the plaintiff's case in short is as follows:

(a) One Mariyayee and her husband Vadivelu had two sons viz., Chellamuthu and Muthukaruppan and a daughter by name Thangaponnammal. Chellamuthu had a son viz., Shanmugam and Muthukaruppan had two sons viz., Balasubramanian (plaintiff) and Ramachandran. The first defendant Saroja is the wife of the said Shanmugam and the second defendant Sasikala is the daughter and the third defendant Sathish Kumar is the said Shanmugam and Saroja. Mariyayee's daughter Thangaponnammal had no issues. There was a strained relationship between the first defendant and her husband and that resulted in a maintenance case in M.C.No.22 of 1988.

(b) The said Mariyayee Ammal had executed a gift settlement deed in favour of her daughter Thangaponnammal, vide document dated 23.01.196