Madras High Court
L.Kuppan vs R.Ravi on 18 November, 2021
SA NO.906 OF 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
SA NO.906 OF 2021
AND CMP NO.17237 OF 2021
L.Kuppan ... Appellant
VS.
R.Ravi ... Respondent
PRAYER: Second Appeal filed under Section 100 of Code of Civil
Procedure against the judgment and decree dated 15.07.2019 passed in
A.S.No.15 of 2017 on the file of the Principal Subordinate Judge,
Vellore, by confirming the judgment and decree dated 12.01.2017 made
in O.S.No.44 of 2013 on the file of the Additional District Munsif,
Vellore.
For Appellant : Mr.R.Prabakar
for Ms.S.P.Arthi
JUDGMENT
https://www.mhc.tn.gov.in/judis
SA NO.906 OF 2021
This Second Appeal has been filed against the judgment and
decree dated 15.07.2019 passed in A.S.No.15 of 2017 by the learned
Principal Subordinate Judge, Vellore, confirming the judgment and
decree dated 12.01.2017 passed in O.S.No.44 of 2013 by the learned
Additional District Munsif, Vellore.
2. The appellant / plaintiff claims that his father executed
two Settlement Deeds viz., dated 03.02.2003 in favour of his daughter
Ex.B1 bequeathing Item-2 of the Suit schedule property and Ex.A1 -
Settlement Deed dated 02.08.2004, bequeathing Item Nos.1 and 3 of the
Suit schedule property. This was not within the knowledge of the
plaintiff. However, her sister's husband sold the property vide Sale Deed
dated 24.04.2006 - Ex.B2. The purchaser of the property in turn sold it to
the respondent / defendant vide Sale Deed dated 08.12.2008 - Ex.B3.
After the sale was completed in 2008, the plaintiff filed a Suit for
declaration and injunction in the year 2013 by way of above Suits. It is
the contention of the appellant / plaintiff that the property was settled in
favour of his sister and the sister's husband has no right or title or interest
https://www.mhc.tn.gov.in/judis
SA NO.906 OF 2021
to sell the property to the third party and therefore, the sale is not valid
and not binding upon him. Therefore, he seeks declaration of title in
respect of the property which is settled by his father in favour of his
daughter. Both the Courts have concurrently held that he is not entitled to
claim title over Item No.2 of the Suit schedule property, which was
settled in favour of the daughter. Aggrieved over the same, the appellant
has preferred the above Second Appeal.
3. The learned counsel for the appellant would reiterate his
stand taken before the Courts below. But however, it is found that the
Settlement Deed, marked as Ex.B1 dated 03.02.2003 in favour of his
sister is admitted. By virtue of the Settlement Deed, his sister derived title
and there is no dispute about it. In that event, if any sale is made, the
aggrieved party would be only the sister and not the appellant / plaintiff.
It is also relevant to note that neither the sister nor her husband, who sold
the property or the purchaser of the Sale Deed marked as Ex.B2 were
made as parties. The third party purchaser of the property is a total
stranger to the appellant. He was impleaded as a party and a Suit for
declaration has been filed. Such a Suit for declaration is not maintainable
https://www.mhc.tn.gov.in/judis
SA NO.906 OF 2021
against a stranger without impleading the necessary parties. Further, the
Settlement Deed is equal to a Sale Deed and the possession was passed in
present. Settlement Deed once acted upon, the other legal heirs cannot
claim title. Without challenging the said Settlement Deed, subsequent
sale deed cannot be challenged. Therefore, the declaration of title,
without impleading necessary parties is also not maintainable. The Courts
below have concurrently held on the factual aspects against the
appellants. I do not find any substantial questions of law arising in the
Second Appeal for admitting the same. Therefore, the Second Appeal
stands dismissed at the admissions stage itself. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
18.11.2021
Index : Yes/No
Internet : Yes/No
TK
To
https://www.mhc.tn.gov.in/judis
SA NO.906 OF 2021
1.The Principal Subordinate Judge
Principal Subordinate Court
Vellore.
2.The Additional District Munsif
Additional District Munsif Court
Vellore.
https://www.mhc.tn.gov.in/judis
SA NO.906 OF 2021
M.GOVINDARAJ, J.
TK
SA NO.906 OF 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
