Settlement deed executed by father and mother in favour of son - father and mother retained life interest,not to take away absolute right given to son - son predeceased mother - Settlement deed not cease to have effect upon death of son - Earlier suit for permanent injunction, subsequent suit for declaration - title not disputed in earlier suit - second suit not barred under order 2 Rule 2.

Citation

2017-5-L.W. 586

2017(3) MWN (civil) 785

IN THE HIGH COURT OF JUDICATURE AT MADRAS

08.11.2017/A.S.Nos.292 and 293 of 2014 and M.P.Nos.1 and 2 of 2014 and C.M.P.No.3776 of 2016

A.Selvam, J., and

P.Kalaiyarasan, J.

A.S.No.292 of 2014

B.M.Kotteswaran & another .. Appellants

Vs.

R.Devasena & others .. Respondents

Transfer of property act (1882), Section 123, settlement deed, proof of,C.P.C., Order 2 rule 2, bar of suit, whether applies, Order 8 rule 13 specific denial, need for, absence of, effect

As per recital of settlement deed, only enjoyment of property during life time of

M and S (his wife) was retained and same does not affect transfer of ownership in favour of R (their son) - Vesting life interest to donor and his wife will not take away absolute right given to R Contention that settlement deed would cease to have effect as R predeceased his mother is sans merit -

Para 16

Earlier suit for permanent injunction present suit filed for declaration of title of plaintiff on basis of settlement deed - No specific denial in earlier suit as to title of the plaintiffs - cause of action in both the suits are not the same and identical time - suit not barred and within -

Para 22