Back
P. B. BALAJI
S. Anitha – Appellant
Versus
G. Geetha – Respondent
JUDGMENT :
THE HONOURABLE MR. JUSTICE P.B.BALAJI
PRAYER : Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment dated 16.06.2017 made in A.S. No.291 of 2015 on the file of the III Additional Judge, City Civil Court at Chennai in reversing the decree and judgment dated 30.06.2015 made in O.S. No.5799 of 2011 on the file of 1st Assistant Judge, City Civil Court, Chennai.
The unsuccessful defendant in a suit for declaration and permanent injunction is the appellant.
2. The parties are described as per their litigative status before the Trial Court.
3. The material facts that are necessary to adjudicate the Second Appeal are as hereunder.
3.1. The plaintiff and the defendant are sisters, being children of late Parthasarathy Naidu. The case of the plaintiff is that the suit property belongs to the father, Parthasarathy Naidu and he died on 17.05.2009, leaving behind three daughters and two sons as his legal heirs. The father, a widower, stayed with the plaintiff who was the last daughter and the plaintiff was taking care of the father in an excellent manner. In consideration of love and affection towards the plaintiff, the father executed a
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.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not apply retrospectively to settlement deeds executed before its enforcement.
A settlement deed executed by a senior citizen can only be cancelled under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if the deed explicitly contains a condition that the t....
Section 23(1) requires specific maintenance condition in transfer deed for cancellation; absent it, authority lacks jurisdiction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
