The court upheld the Plaintiff's preferential right to acquire a half share of the property, declaring a contested sale deed as sham due to collusion and lack of valid consideration.

JUDGMENT

This Appeal Suit had been filed against the judgment and decree dated 31.01.2019 made in O.S.No.10824 of 2010 on the file of the learned VI Additional Judge, City Civil Court, Chennai.

2. The brief facts which are necessary for the disposal of this Appeal Suit are as follows:-

2.1. The 1st Defendant is the elder brother of the Plaintiff. One Mr.N.Kanniah Reddy was the father of the Plaintiff and the 1st Defendant. The said Mr.N.Kanniah Reddy was the owner of the premises bearing new No.17, Old No.9, Sampangi Street (formerly known as 4-B, Ramanujulu Reddy Street) West Mambalam, Chennai 600 033, more fully described in the ‘A’ schedule by virtue of sale deed dated 17.2.1968 executed by one T.K.Govindaraj Reddiar in his favour vide registered document No.495/68 within S.R.O. Thyagaraya Nagar and District Registrar, Madras South. The Plaintiff’s father purchased a vacant site in the above mentioned property and put up brick walls laid with asbestos roof and obtained water, sewerage and drainage connection to the above said property and he has been in possession and enjoyment of the same. With sound disposing state of mind and out of free will and volition, the deceased Mr.N.Kanniah Reddy executed a registered settlement deed dated 20.11.1971 in document No.1707/1971 within SRO, Thiyagaraya Nagar, settling the life estate in the plaint ‘A’ schedule property to his wife Dhanabackiyammal and divested the vested remainder to his sons namely the Plaintiff and the first Defendant with all the powers of alienation and also delivered possession of the plaint ‘A’ schedule property to his wife Dhanabackiyammal. The Plaintiff’s mother seized the said property and she had been dealing with the property. The records in the Corporation and Chennai Metro Water Sewerage and Drainage connection were mutated in the name of the deceased Dhanabackiyammal for the payment of property tax and water tax. The Plaintiff’s father N.Kanniah Reddy died on 5.3.1982 and his mother Dhanabackiyammal died on 3.5.1994. After the death of their parents, the Plaintiff and the first Defendant were in joint possession of the plaint ‘A’ schedule property. The Plaintiff’s father met with an accident and sustained multiple fractures on right thigh and was hospitalized in Royapettah Hospital for nearly one year and the Plaintiff bestowed his personal care and met out the entire medical expenses of his father apart from his performing obsequies of his father and the sixteenth day ceremony at his own cost. The Plaintiff’s mother was hospitalized in Vijaya Hospital for three months. The first Defendant did not attend the funeral of his parents even and such is the attitude of the first Defendant.

2.2. In the year 1996, the Plaintiff obtained planning permit, approval of the building plan from the Corporation of Chennai and put up superstructure on the remaining vacant site in the plaint ‘A’ schedule property out of his own funds and earnings