S.A.(MD).No.406 of 2012

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON

: 03.03.2023

PRONOUNCED ON

: 27.04.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

S.A.(MD).No.406 of 2012

and

M.P.(MD).No.1 of 2012

1.R.Sumathi

2.Rajeswari

... Appellants

Vs.

1.S.Ramuvel @ Mohamed Abdur Rahim

2.K.Velayutham

3.Boominathan

... Respondents

Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code,

praying to set aside the judgment and decree in A.S.No.17 of 2006 on the

file of learned Principal District Judge, Thanjavur, reversing the judgment

and decree dated 27.02.2006 made in O.S.No.105 of 1996 on the file of

learned Principal Subordinate Judge, Thanjavur and allow this second

___________

Page 1 of 34

https://www.mhc.tn.gov.in/judis

S.A.(MD).No.406 of 2012

appeal.

For Appellants

:

Mr.S.Anand Chandrasekar

for M/s.Sarvabhauman Associates

For R1

:

Mr.C.Sundaravadivel

For R2 and R3

:

Given up

J U D G M E N T

The defendants 1 and 2 in the suit are the appellants. The 1^st

respondent herein filed a suit for declaration of his title to the suit property

and to set aside the Settlement Deed dated 20.01.1996 allegedly executed by

him in favour of the 1^st appellant and also for a consequential injunction

restraining the appellants and other respondents from interfering with his

possession. The suit was dismissed by the Trial Court and on appeal filed by

the 1^st respondent, the findings of the Trial Court were reversed and the suit

was decreed as prayed for. Aggrieved by the same, the appellants are before

this Court.

Plaint Averments:

2. (i) The 1^st appellant is the daughter of the 1^st respondent. The 2^nd

___________

Page 2 of 34

https://www.mhc.tn.gov.in/judis

S.A.(MD).No.406 of 2012

appellant is mother of 1^st appellant and wife of 1^st respondent. The 2^nd

respondent is the brother of 2^nd appellant and the 3^rd respondent is the

relative of 2^nd appellant.

2. (ii) The 1^st respondent married 2^nd appellant on 05.06.1981. The

marital life between them were not cordial and 2^nd appellant left the

matrimonial home during 3^rd week of January, 1982, when she was

pregnant. The 1^st respondent filed a petition for divorce against the 2^nd

appellant in H.M.O.P.No.108 of 1984 and the same was dismissed.

Subsequently, the 1^st respondent instituted another petition for divorce

against the 2^nd appellant in H.M.O.P.No.578 of 1995 on the file of the

Principal Sub Court, Thanjavur and the same was pending at the time of

institution of the present suit.

2. (iii) It was further alleged by the 1^st respondent that on 17.01.1996,

the appellants and other respondents came to the State Bank of India,

Branch of Thanjavur where he was working and threatened him to execute a

document transferring the suit property in their favour and he refused to

___________

Page 3 of 34

https://www.mhc.tn.gov.in/judis

S.A.(MD).No.406 of 2012

execute any such document. It was further alleged by the 1^st respondent that

on 20.01.1996, the appellants and other respondents came to his office and

threatened him of causing bodily injury and abducted him to a lodge. It was

further alleged that the appellants and other respondents forced him to sign

a document and he was taken to Maharnombuchavadi Sub Registrar's Office

wherein he was made to sign the document and answer the questions put by

the Sub Registrar in affirmative. It was further alleged that the gift deed in

favour of the 1^st appellant who was represented by guardian 2^nd appellant,

allegedly executed by him, was not executed by voluntary act of 1^st

respondent and the same was secured by compulsion and threat of causing

bodily pain.

2. (iv) On these averments, the 1^st respondent contended in his plaint

that the Settlement Deed allegedly executed by him on 20.01.1996 was a

void document and it would not confer any title to the 1^st appellant. On these

pleadings, he filed a suit for declaration of his