IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J.
R.S. Sathvi – Appellant
Versus
K. Poorna Gurunath – Respondent
A.S. Nos. 594, 595, 596, 597, 598, 599 of 2024, C.M.P. Nos. 18455, 18459, 18465, 18466, 18467, 18478, 18479, 18480, 18482 of 2024
Decided On : 06-02-2026
| Table of Content |
|---|
| 1. overview of appeal suits and original suits details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal counsel arguments for appellants. (Para 15 , 16 , 17) |
| 3. points for consideration formation by the court. (Para 18 , 19) |
| 4. assessment of rights in settled property and invalidation of certain deeds. (Para 20 , 21 , 22) |
| 5. evaluation of evidentiary failures and relationships impacting decisions. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. final judgment and dismissal of appeals. (Para 29) |
JUDGMENT :
P.B. BALAJI, J.
1. A.S.No.598 of 2024 has been preferred by the plaintiff in O.S.Nos.2048 of 2014, for declaring settlement deeds in Doc. Nos.1785 & 1786 of 2005, dated 03.08.2005, executed by K.P.Chandra Rao, in favour of Lakshmi Kanthamma as sham and nominal and not binding on the plaintiff and for consequential permanent injunction, aggrieved by the dismissal of the suit by the Trial Court.
2. A.S.Nos.595 & 599 of 2024 have been preferred against judgment and decree in O.S.Nos.2242 & 2243 of 2014, being suits for declaration to declare the settlement deeds executed by Lakshmi Kanthamma in favour of K.P.Chandra Rao and a defendant in O.S.No.2242 of 2014, R.V.S.Sathvi and the defendant in O.S.No.2243 of 2014, R.V.S. Kiran, as sham and nominal and not binding on the plaintiff and for a permanent injunction, the Defendants have filed these appeals.
3. AS.No.597 of 2024 has been preferred, challenging the dismissal of O.S.No.3355 of 2014, where the appellant as plaintiff sought for declaration that settlement deed dated 12.01.2006, executed by Lakshmi Kanthamma and settlement deed dated 05.06.2002, as null and void and similarly, revocation deeds dated 26.09.2008 in Doc.Nos.1974 & 1975 of 2008 as null and void and also judgment and decree dated 06.04.2009 in O.S. No.5764 of 2007 as null and void and for the relief of permanent injunction, the present appeal has been filed.
4. A.S.No.594 of 2024 has been preferred, challenging the dismissal of suit filed by the Appellant as plaintiff in O.S.No.3354 of 2014, where the appellant has sought for declaration that the settlement deed dated 23.01.2006 executed by Lakshmi Kanthamma, Settlement deed dated 05.06.2002 in Doc.Nos.1055 & 1056, as null and void and revocation deeds dated 26.09.2006, the present appeal has been filed;
5. A.S.No.596 of 2024 has been preferred, challenging the dismissal of the suit filed by the Appellant as plaintiff in O.S.No.3100 of 2014, where the relief of declaration of title was sought for along with reliefs seeking declaration that settlement deed dated 07.12.2006, executed by Lakshmi Kanthamma and settlement deed dated 05.06.2002, as null and void and similarly, revocation deeds dated 26.09.2008 in Doc.Nos.1974 & 1975 of 2008 as null and void and also judgment and decree dated 06.04.2009 in O.S.No.5764 of 2007 as null and void and for the relief of permanent injunction, the present appeal has been filed.
6. I have heard Mr.A.Gunaseelan, learned counsel for the appellants in all the First Appeals and Mr.N.Balasubramanian, learned counsel for the contesting respondents 1 to 4 in A.S. Nos.594, 596 & 597 of 2024 and respondents in A.S.Nos.595, 598 & 599 of 2024.
7. In order to appreciate the facts of the various cases referred herein above, it would be appropriate to cull out the pleadings briefly:-
8. For the sake of brevity, the case of the appellant is culled out in common and similarly, the case of the respondents 1 to 4 in common.
9. Plaints in brief:
(a) The property measuring 5162 sq.ft, situated in Door No.268, Sydenhams Road, Choolai, Chennai, comprised in RS. Nos.1319/1990 part and 1319/1991 part was originally belonging to one K.P.Chandra Rao, he having purchased the same in and by a registered sale deed dated 10.09.1958 in Doc. No.2223 of 1958. On 05.06.2002, the said K.P.Chandra Rao, executed a settlement deed in favour of S.P.Jayalakshmi, the first plaintiff in O.S.No.2048 of 2014, 2242 of 2014, 2243 of 2014. Third defendant in O.S.Nos.3100 of 2014 and 3354 of 2014. Th
Dilboo (Smt) (Dead) by LR's and others Vs. Dhanraji (Smt) (Dead) and others
Settlement deeds executed without valid ownership rights are invalid and cannot confer any title, rendering subsequent deeds likewise unenforceable.
Failure to challenge a settlement deed within the limitation period extinguishes rights to claim co-ownership, and prior consent can estop parties from succeeding in partition claims.
A settlement deed is valid and conveys present interest unless properly revoked; mental soundness necessary for executing legal documents, burden of proof rests on the challengers.
The main legal point established in the judgment is that the property was purchased with the income of the father, and the settlement deeds were obtained through fraud and coercion, leading to the en....
The main legal point established is the requirement to prove a Will as per the provisions of the Indian Succession Act and the Indian Evidence Act, and the distinction between a Settlement deed and a....
Point of law: When a relief of declaration along with the consequential relief is more comprehensive than what is contemplated in terms of Section 31 of the Specific Relief Act, even at the instance ....
A plaint is subject to rejection if it fails to disclose a legitimate cause of action or is manifestly vexatious, especially when fraudulent claims are evident.
The validity and binding nature of the settlement deed, the requirement of proof of execution under Section 68 of the Indian Evidence Act, and the applicability of the Hindu Succession Act were centr....
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