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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
Thanigaivel – Appellant
Versus
Devaki – Respondent
JUDGMENT :
The defendant is the appellant against whom the plaintiffs have filed a suit for the relief of declaration. The first plaintiff has filed a suit for permanent injunction and later impleaded the second plaintiff due to consequent sale in his favour and the relief has been amended for adding the relief of declaration.
The trial Court has decreed the suit and the first Appeal preferred by the defendant also got dismissed by confirming the judgment and decree of the trial Court. Now the defendant has filed this Second Appeal by challenging the same.
2. The short facts pleaded in the plaint are as follows:
The suit items are comprised to an extent of 0.85 cents in S.No.277/2 and 0.09 cents in S.A.No.277/4 situated at Bommaiyarpalayam, Vanur Taluk, Villupuram District. According to the plaintiffs, the suit properties belonged to one Sarangapani Naicker. He had sold the said properties in favour of one Arumuga Gounder on 19.05.1955 through a registered sale deed. Arumuga Gounder was in enjoyment of the same by changing patta in his name in Patta No.117. Subsequently, Arumuga Gounder had executed a sale deed in favour of Govinda Gounder through a registered sale deed dated 10.02.197
Settlement deeds once executed and unrevoked remain binding; subsequent claims referencing earlier settlements are invalid if they lack merit.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
A Settlement Deed executed with irrevocable terms cannot be unilaterally cancelled, and its interpretation must consider the entire document and the parties' intentions.
The central legal point established in the judgment is the significance of the intention of the settlor and the transfer of interest in determining the nature and validity of a settlement deed.
Settlement deeds must respect prior court orders and creditor rights, and possession claims must consider prior judicial outcomes to uphold judicial integrity.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
Point of law - The general rule is that High Court will not interfere with concurrent findings of the Courts below. But it is not an absolute rule. Some of the well recognized exceptions are where (i....
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