A settlement deed's cancellation lacks effect if executed without notice, and a suit for property rights is timely if filed within three years from the discovery of the infringement.

ORDER :

V.LAKSHMINARAYANAN, J.

This Civil Revision Petition arises against the order passed by the learned Additional District Munsif, Vellore in I.A.No.4 of 2023 in O.S.No.86 of 2021 dated 19.01.2024.

2.The civil revision petitioner is the 7^th defendant to the suit. The respondent/plaintiff is a Church established about 60 years ago. One of its followers, namely, one Jeevarathinam had donated 7 ½ cents in favour of the Church on 12.06.1970. Subsequently, on 15.06.1970, he sold another extent of 5.5 cents to the plaintiff, after receiving valuable consideration. On 12.11.1971, he executed one more Sale deed in favour of the plaintiff to an extent of 1120 sq ft. All these deeds covered properties situated in Survey No.1777 of Vada Vellore Village, Vellore Town.

3.The plaintiff pleaded that on these properties, a Church has been constructed and the plaintiff is in possession of the property. The settlor cum vendor of the aforesaid documents, namely, Mr.Jeevarathinam passed away on 22.03.1989. Thereafter, the 1^st defendant, namely the wife of the said Jeevarathinam, started giving pinpricks to the plaintiff. She allegedly threatened to cancel the settlement deed executed by her husband two decades earlier. The plaintiff pleaded that after a period of 38 years from the date of execution of the Settlement deed, a cancellation document was executed by the wife of said Jeevarathinam namely, the 1^st defendant.

4. Not being satisfied with the cancellation of the Settlement deed, the 1^st and 7^th defendants executed Sale deeds for the very same property on 31.03.2009 and the 7^th defendant also executed a Power of Attorney in favour of the 2^nd defendant on 06.11.2019. On the strength of this power of attorney, sale agreements were had been entered into. On the strength of these documents, the plaint proceeds that the defendants attempted to interfere with the possession of the plaintiff on 09.01.2021, 13.02.2021 and 24.03.2021. Being left with no other option, the plaintiff came forward with the suit for following reliefs:

“a) Declare the Cancellation Deed Doc. No.5985/2008 dated 27/05/2008 executed by 1^st defendant at the 12^th defendant register office is illegal, Null and Void, and Unenforceable.

b) Declare the sale Deed Doc.No.2875/2009 dated 31/03/2009 executed between 1^st defendant and the 7^th defendant at the 12^th defendant registrar office is illegal, Null and Void, and Unenforceable.

c) Declare the Power of Attorney Deed Doc.No.9650/2019 dated 06/11/2019 executed by 7^th defendant in favour of the 2^nd defendant at the 12^th defendant registrar office is illegal, Null and Void, and Unenforceable.

d) Declare the Sale Agreement Deed Doc.No.9694/2019 dated 06/11/2019 executed between 7^th defendant (through power agent 2^nd defendant) and defendants D-8 to D-10 at the 12^th defendant registrar office is illegal, Null and Void, and Unenforceable.

e) Grant permanent injunction restraining the defendants D1 to D10, their men, agents, representatives etc from any manner interfering with the peaceful possession and enjoyment the schedule mentioned property i.e., Zion Pentecostal Church, situating in survey No.1777 of vada- vellore village (now T.S.1777/1A of R.W.II of Vellore Town) measuring 7.5 cents and bearing door no.8 pallar river bund, Near New Bus Stand, Vellore more fully described in the suit schedule.

f) Grant Permanent Injunction restraining the 11^th defendant from any manner causing mutation of revenue records and name transfer etc., in survey No.1777 of vada- vellore village (now T.S.1777/1A of R.W.II of