After 18 years, defendant cancelled settlement deed by document "settlement cancellation deed" to which plaintiff was not party - document "settlement cancellation deed" was null and void - Since settlement cancellation deed was void and not binding on plaintiff, plaintiff had limi- tation of three years from date of knowledge.

Citation

AIR 2023 (NOC) 712 (MAD)

: AIROnline 2023 MAD 630

S. S. SUNDAR, J.

D. Gurusamy v. Yamini.

S. A. No . 181 of 2022,D/-5-6-2023.

(A)Specific Relief Act (47 of 1963), Ss.34, 31- Transfer of Property Act (4 of 1882), S.126-Suit for declaration Settlement deed-Cancellation - Suit property was pur- chased in name of plaintiff and co-defendant Co-defendant executed settlement deed in favour of defendant - Defendants relin- quished their right in suit property in favour of plaintiff by release deed After 18 years, defendant cancelled settlement deed by docu- ment "settlement cancellation deed" to which plaintiff was not party When settlement deed was executed and same was acted upon, then it was not within power of donor to recall or cancel settlement deed unilaterally Since settlement deed was not one covered by S.126 of TP Act, document "settlement cancellation deed" was null and void Since plaintiff was co-owner having half share, she became ab- solute owner of entire suit property under re- lease deed Suit decreed in favour of plaintiff was proper. (Paras 17, 18, 19, 20)

 (B)Specific Relief Act (47 of 1963), S.34-Limitation Act (36 of 1963), Art.58- Suit for declaration - Bar of limitation - Suit property was purchased in 1985 deed was executed in 1989 Settlement Following settlement deed, defendant executed a release deed favour of his daughter, namely plaintiff -Since settlement cancellation deed was void and not binding on plaintiff, plaintiff had limi- tation of three years from date of knowledge Plaintiff came to know about cancellation of settlement only in 2007 - Even in memo- randum of grounds, defendant admitted that the plaintiff was in possession of property Suit was not barred by limitation. (Para 21)

C. Umashankar, for Petitioner; D. Benning- ton, for Respondent.