Madras High Court
Dr.C.P.Karpagam vs Mrs.Nithiya Priya Krishnan on 18 February, 2021
C.S.No.367 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 18.02.2021
CORAM:
THE HON`BLE MR.JUSTICE R. PONGIAPPAN
C.S.No.367 of 2019
Dr.C.P.Karpagam .. Plaintiff
vs.
Mrs.Nithiya Priya Krishnan .. Defendant
Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules read
with Order VII Rule 1 CPC praying for the following judgment and decree
against the defendant.
a) To cancel the Settlement Deed dated 19.12.2013
registered as Document No.5149 of 2013, SRO Anna
Nagar executed by the plaintiff in favour of the defendant;
b) To grant Permanent injunction by restraining the
defendant from alienating or encumbering the suit
property;
c) costs of the suit;
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C.S.No.367 of 2019
For Plaintiff : Mr.S.Selvakumari
For defendant : No appearance
JUDGMENT
The suit is filed for cancel the settlement deed dated 19.12.2013
executed by the plaintiff in favour of the defendant, for permanent
injunction and for costs.
2.The brief facts of the case of the plaintiffs are as follows:
The case of the plaintiff is that that plaintiff is the absolute owner of
the property being House, ground and premises bearing Door No.S-59, 20 th
Street, Anna Nagar, Chennai – 600 040, land measuring to an extent of 1362
sq.ft. She purchased the above property out of her hard earned money and
sources. The plaintiff is a doctor by profession and widowed at an earlier
age of 31 and she took the burden of bringing up her two female children
from their young age and they were put into a comfortable and sophisticated
life. The defendant is the younger daughter of the plaintiff and she is settled
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C.S.No.367 of 2019
USA along with her husband and daughter. The defendant promised to take
care of the plaintiff personally and let her child, i.e., the granddaughter of
the plaintiff, to visit the plaintiff for every holiday. In such circumstances,
the plaintiff believing upon the representation and promise of the defendant
that she will take care of the plaintiff during her old age, by a settlement
deed dated 19.12.2013 in consideration of love and affection the plaintiff
had towards the defendant reserving the plaintiff's life interest for enjoying
the suit property by collecting rent etc, the plaintiff had settled the above
property in favour of the plaintiff under a settlement deed. That being so,
after the settlement, the defendant evaded to attend the call of the plaintiff
and neither called back. Despite several requests the defendant did not
come to India to visit the plaintiff and even though visited India for other
purposes, neither spent time with the plaintiff nor showed any love or
affection. As the plaintiff has become old and living alone without any
additional income, all her requirements and medical needs exceeds more
than the present income from rent and plaintiff was not at all taken care in
any means directly or indirectly by love or care with money or source by
help or support from the defendant which driven the old aged plaintiff
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C.S.No.367 of 2019
economically weaken, she has no other option except to revoke the
settlement deed dated 19.12.2013. Further the settlement deed was not
acted upon and all the revenue records stand in the name of the plaintiff.
Hence, the suit.
3. Though suit summons were served on the defendant, the defendant
had not represented either in person or through counsel and hence, the
defendant was set exparte by this Court on 31.07.2020.
4. On the side of the plaintiffs, the plaintiff was examined herself as
P.W.1 and Ex.P.1 to Ex.P.6 were marked.
Exhibits produced on the side of the plaintiffs:
S.No. Exhibits Date Description
1. P-1 03.05.1991 Copy of sale deed executed in
favour of the plaintiff
2. P-2 29.11.1993 Copy of the reconstruction permit
issued by Corporation of Madras
3. P-3 19.12.2013 Settlement Deed executed by the
plaintiff in favour of the defendant
4. P-4 -- Copy of the Property Tax Card
standing in the name of the plaintiff
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C.S.No.367 of 2019
S.No. Exhibits Date Description
5. P-5 04.02.2019 Computer generated copy of
Property Tax receipt
6. P-6 25.04.2019 Online print out copy of the
Encumbrance Certificate
Witnesses examined on the side of the plaintiffs:
P.W.1. - Dr.C.P.Karpagam
5. Heard the learned counsel for the plaintiff and perused the records.
6. P.W.1, in her evidence has spoken about the purchase of the
property. Ex.P.1 Sale Deed has been marked to show that the property has
been purchased by the plaintiff. Ex.P.3 is the settlement deed executed by
the plaintiff in favour of the defendant. Ex.P.4, Ex.P.5 and Ex.P.6 have
been filed to show that the above settlement deed has not been acted upon
and all the property documents stand in the name of the plaintiff.
7. From the evidence of P.W.1 and the documents filed, it is proved
that the suit property is the absolute property of the plaintiff and that suit
property has been settled in favour of defendant as per Ex.P.3 settlement
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C.S.No.367 of 2019
deed executed by the plaintiff. Ex.P.4 to Ex.P.6 prove the fact that the
above settlement deed has not been acted upon and property documents
stand in the name of plaintiff. The evidence of P.W.1 and documents filed
on behalf of the plaintiff remain unchallenged and there is no rebutable
evidence against the case of the plaintiff. Hence, the plaintiff has proved
her case.
8. In the result, the suit is decreed as prayed for with costs.
18.02.2021
Index : Yes/No
Internet : Yes
Speaking/Non-speaking order
ggs
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C.S.No.367 of 2019
R. PONGIAPPAN,J.
ggs
C.S.No.367 of 2019
18.02.2021
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