The central legal point established in the judgment is the interpretation and application of Section 8 of the Hindu Succession Act in determining the validity of Settlement Deeds and the entitlement of parties to shares in the property.

JUDGMENT

(Prayer:Original Side Appeal filed under Order 36 Rule 1 of O.S.Rules read with Section 15 of Letters Patent against the judgment and decree of the learned Single Judge of this Court dated 21.06.2013 made in CS.No.408/2008)

S.S. Sundar, J.,

(1) The 1st defendant in the suit in OS.No.108/2008, as the appellant, filed the above Original Side Appeal. Pending Appeal, the 1st defendant by name R.Gajendran, died and hence, appellants 2 to 5 were brought on record as the legal representatives of the deceased sole appellant.

(2) It is seen that the 1st respondent/plaintiff by name Shanmugam, also died during pendency of the appeal and therefore, respondents 9 to 11 were brought on record as legal representatives of the deceased 1st respondent.

(3) Brief facts that are necessary for the disposal of this Original Side Appeal are as follows:-

(4) The deceased 1st appellant and the deceased 1st respondent herein are the sons of one Mr.V.Rajamanickam. The wife of Mr.V.Rajamanickam, namely, Smt.Sivabhushanammal, mother of the 1st appellant and 1st respondent herein, died on 05.10.2005. Mr.V.Rajamanickam died on 10.09.1983 leaving behind his wife Sivabhushanammal, plaintiff/1st respondent herein and the 1st defendant/1st appellant herein and two other daughters by name Kanchana, Vijayakumari and another son by name Ganesan. The sister of the deceased 1st appellant by name Kanchana died on 10.10.2003 leaving behind defendants 4 to 6 as her legal heirs in the suit. Smt.Vijayakumari, also died on 28.05.1997 leaving behind defendants 7 and 8 as her legal heirs and the brother of the deceased 1st appellant, namely, Ganesan, died on 17.04.2007 leaving behind defendants 2 and 3.

(5) The suit property is an extent of 1560 sq.ft. with the building in Kanniappa Nagar. The deceased / 1st respondent as plaintiff filed the suit for partition and allotment of 1/5th share in the suit schedule property and for consequential reliefs. It is admitted that the suit property namely Plot No.223 in Kanniappa Nagar was originally allotted in favour of father of appellants Mr.V.Rajamanickam by the Tamil Nadu Slum Clearance Board. It is stated by the 1st respondent that the entire amount due and payable to TNSCB was paid by Mr.V.Rajamanickam. Since he died on 10.09.1983 before even getting the Sale Deed, it is stated by the plaintiff that the Sale Deed dated 10.04.1997 was executed in favour of the mother of the appellant and 1st respondent by name Mrs.Sivabhushanammal. It is admitted that the Sale Deed in favour of the appellant''s mother was registered as Doc.No.643/1997. Stating that the mother of the 1st appellant and 1st respondent is not the absolute owner of the property and that the property devolved on all the children of Mr.V.Rajamanickam, the suit came to be filed for partition of plaintiff''s 1/5th share.

(6) The suit was contested by the defendant on the ground that the property belonged to Mrs.Sivabhushanammal exclusively by virtue of the Sale Deed dated 10.04.1997 and that she had executed two Settlement Deeds in favour of the 1st defendant as well as in favour of her another son by name Ganesan on 16.06.2005. It is only by virtue of the Settlement Deeds alleged to have been executed by Mrs.Sivabhushanammal, the deceased 1st appellant/1st defendant claimed exclusive title in respect of the suit property along with his brother Ganesan and contested the suit for partition.

(7) The learned Single Judge of this Court, after considering the entire evidence, came to the conclusion that the properties is not the exclusive property of Mrs.Sivabhushanammal and that the Sale Deed obtained by her from TNSCB will not cloth her with absolute right as the original allotment was in favour of the father and the entire consideration was paid by the father Mr.V.Rajamanickam during his lifetime. The learned Judge further held that the Settlement Deeds dated 16.06.2005 executed by the mother Mrs.Sivabhushanammal in favour of Ganesan and the appellant herein are invalid. I