Vadivel v. Hema Latha
Case brief
What is this about?
In a second appeal regarding family property disputes, the court dismissed the appeal. Courts below held a prior settlement deed valid as possession was delivered, rendering subsequent cancellation and new settlements void. The High Court confirmed these findings.
What did the court decide?
Second Appeal dismissed with costs; judgments and decrees of lower courts confirmed.
What the court decided
SA.No.105/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
SA.No.105/2022
Vadivel .. Appellant/1st Defendant
Vs.
1.Hema Latha 2.Minor Kajan Kumar 3.Minor Keerthana .. Respondents 1 to 3/Plaintiff 1 to 3 4.Renuka 5.Tamilselvi .. Respondents 4 & 5/Defendants 2 & 3
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code to call for the records and set aside the judgment and decree dated 01.04.2021 passed in A.S.No.28/2019 by the learned I Additional Subordinate Judge, Erode which confirming the judgment and decree of the Trial Court dated 15.11.2018 passed in O.S.No.96/2017 on the file of the District Munsif Cum Judicial Magistrate Kodumudi, Erode.
For Appellant : Mr.T.Sathyaseelan
Issues for consideration
3 issues framed by the court
Whether failure to deliver possession or make mutation invalidates a gift/settlement deed?
Whether there is a legal prohibition against gifting property without possession and enjoyment?
Whether the suit for declaring subsequent settlement void is barred by limitation under Article 59?
Parties & counsel
- appellant
Vadivel
- respondent
Hema Latha
- respondent
Minor Kajan Kumar
- respondent
Minor Keerthana
- respondent
Renuka
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court