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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Balakrishna Ammal – Appellant
Versus
Seethammal (Died) – Respondent
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| 1. appeal against confirmation of trial decree in property suit. (Para 1 , 2 , 3 , 4) |
JUDGMENT
The Second Appeal is directed against the judgment and decree made in A.S.No.116 of 2011 dated 21.08.2013 on the file of the Ist Additional Subordinate Court, Tiruchirappalli, confirming the judgment and decree passed in O.S.No.1141 of 2004 dated 24.03.2011 on the file of the Principal District Munsif Court, Tiruchirappalli.
2. The appellant is the first defendant. The deceased first respondent as plaintiff filed a suit as an indigent woman in O.S.No.321 of 2002 before the Subordinate Court, Tiruchirappalli (O.S.No.1141 of 2004 on the file of the Principal District Munsif Court, Tiruchirappalli) claiming the reliefs of declaration that the suit property belongs to her and for consequential permanent injunction restraining the defendants and their men from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property and also for setting aside the judgment and decree passed in O.S.No.646 of 1997 on the file of the Subordinate Court, Tiruchirappalli as null and void and is not binding on the plaintiff.
3. Pending second appeal, the sole re
Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
A settlement deed executed and registered holds presumptive validity unless proven contrary; properties held in the name of a female are presumed self-acquired unless evidence suggests otherwise.
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.
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....
Registered settlement deed proved under Evidence Act Section 68 proviso absent specific denial of execution; certified copy admissible if original lost; partition suit barred without cancelling deed.
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