The authenticity of thumb impressions and the scientific study of finger prints can be crucial in establishing the validity of disputed documents.

1. Plaintiff it the appellant. She filed the suit, for partition claiming 7/80 shares in the suit properties. The Sub Judge, Manjeri granted a preliminary decree for partition as prayed for by the plaintiff. Defendants filed A. S.25 of 1980 before the District Court, Manjeri. The learned District Judge allowed the appeal and non-suited the plaintiff.

2. Plaintiff is the sister of defendants 1 to 4. 5th defendant is her sister and 6th defendant is her mother. The properties belonged to deceased Muhammed, father of plaintiff and defendants 1 to 5. It is the case of the plaintiff that after the death of her father the properties devolved on her and other legal heirs and that they continued to be in joint possession of the properties. As against the plaintiff's claim for partition defendants contended that plaintiff's cannot claim any right to the properties as she had already assigned her rights in the properties to the second defendant on 2-10-1964 for valuable consideration. Defendants contended that the properties were later partitioned by them as per a registered partition deed dated 13-11-1978 and that they are in separate possession of the same.

3. Defendants very much relied en Ext. B-1 alleged to have been executed by the plaintiff in favour of the second defendant. Execution of Ext. B-1 is flatly denied by the plaintiff. Learned Sub Judge accepted the case of the plaintiff and held that she had not executed Ext. B-1 document and accordingly decreed the suit. On the other hand learned District Judge held that Ext. B-1 was really executed by the plaintiff in favour of the second defendant and as she had assigned her undivided rights in the properties to the second defendant she cannot claim any right what-so-ever in the properties.

4. In view of the rival contentions of the parties the crucial point to be considered is whether Ext. B-1 was really executed by the plaintiff in favour of the second defendant. Contention of the plaintiff is that the District Judge went wrong in dismissing the suit mainly relying on the report Ext. 0-1 of the Finger Print Expert. Counsel submitted that apart from the evidence of D. W.2 (Finger Print Expert) there is no acceptable evidence to hold that the plaintiff had executed Ext. B-1 in favour of the second defendant and as D. W. 2 could not compare the photographic enlargements of the thumb impressions he could not reach a correct finding after examining the disputed thumb impression in Ext. B-1 and the thumb impression of the plaintiff taken in the Court. Counsel for the defendants submitted that a reading of Ext. C-1 report will clearly show that the conclusion reached by D.W. 2 can never be wrong as D.W.2 found 10 similar identical ridge characteristics in the specimens compared by him. As he had also occasion to see the photographic enlargements it is idle to contend that there was really no basis for the conclusion in Ext. C-1 report. As D. W. 2 on a comparison found 10 identical ridge characteristics in the photographic enlargements of the thumb impression -importance of Ext. C-1 cannot be brushed aside. It is true that in cross-examination D. W. 2 stated that on 5-8-1979 the photographic enlargements (Exts. G-2 and G-3) were not available with him. But the report Ext. 0-1 dated 18-9-1979 reveals that D.W. 2 could compare the photographic enlargements of both the thumb impressions.

5. It is indisputable that finger prints offer one of the positive means of identification. It is useful to refer to page 3 of C.E. Chapel's Finger Printing. A Manual of Identification where it is stated:

"Finger prints offer the one positive means of identification that never changes from the cradle to the grave. Plastic surgery may change the contours of your face, ill health and old age may shorten your stature, but the arches and whorls that graced your fingers and thumb! at birth will still be there when you reach the end of life's journey."

The result of examination of finger prints give a very