JEYAM Vs. MINOR REJIMOON

JUDGEMENT

(1.) This Second Appeal has been directed against the Judgment and decree dated 06.02.2009 passed in Appeal Suit No.50 of 2006 by the Sub Court, Kuzhithurai, wherein the Judgment and decree dated 24.02.2006 passed in Original Suit No.376 of 2002 by the First Additional District Munsif Court, Kuzhithurai are reversed.

(2.) The respondents 1 to 4 herein as plaintiffs have instituted Original Suit No.376 of 2002 on the file of the trial Court for the reliefs of declaration to the effect that the sale deed dated 13.06.2002 is invalid in law and also for the relief of recovery of possession as well as setting aside of the sale deed in question, wherein the fifth respondent and the present appellant have been shown as defendants 1 and 2 respectively.

(3.) In the plaint it is averred that the first defendant is the wife of the fourth plaintiff and the remaining plaintiffs are their children. The suit property is originally belonged to one Nesamony Nadar S/o.Kesavan Nadar and he executed a gift deed dated 23.09.1998 in favour of the plaintiffs 1 to 3. The first defendant is now residing at the house of her parents due to some ill feelings between her and fourth plaintiff. The first defendant is owning some properties in Idukki District. The fourth plaintiff has asked her to dispose of the same so as to purchase some property at Pacode Village which is the native place of the fourth plaintiff. The parents of the first defendant have denied the request made by the fourth plaintiff. The elder sister of the first defendant is one Radha and she has been given in marriage to one Kamaraj. The first defendant in collusion with the said Kamaraj and second defendant has created a fraudulent and invalid document dated 13.06.2002 and the same is nothing but void. The first defendant is not competent to represent the minor plaintiffs 1 to 3 as their natural guardian. Under the said circumstances, the present Suit has been instituted for the reliefs sought for in the plaint.