By Dr. K. Shivaram, Ajay R. Singh, Advocates
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The appellants before the court were defendants before the trial court against whom the plaintiff/respondent had filed a suit for permanent injunction.
The defendants/appellants had filed first appeal, contending that the sale deed executed by one Poosammal dated 17.03.1995 in favour of the plaintiff cannot legally convey any saleable right since the said Poosammal had foregone her share in her husband late Pakkirisamy’s property after she converted into Christianity and married one Issac in the year 1956 and also got 5 children from the second husband Issac. Therefore, her conversion from Hinduism to Christianity, disentitles her from inheriting her deceased husband’s property and also her parents property who are Hindus. As this settled legal position was lost sight of by the trial court, defendants prayed for setting aside the decision. The First appellate court concurred with the judgment and decree of the trial court and dismissed the first appeal. As a result, the present second appeal was filed by the defendants.
The Honourable Court held that the original suit property was purchased by husband of the vendor. Though on the death of her husband the vendor had converted to Christian religion, same would not disentitle her from her right of inheritance of the property. Thus, vendor having right and title to suit property to convey same in favour of plaintiff, sale deed would be proper. It was further observed that she had converted to Christianity by marrying a Christian, therefore she would not lose her right of inheritance in property of her deceased husband by virtue of such conversion.
