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1987 Supreme(Ker) 153

M.P.MENON
PONNAN – Appellant
Versus
KUTTIPENNU – Respondent


Judgment :-

1. In OS No. 46/ 76 filed by the first respondent for partition, a preliminary decree was passed directing division of the plaint schedule 'properties into seven equal shares, and allotment of one share to the plaintiff. The 4th defendant was ex parte. The first defendant passed away. When the plaintiff applied for final decree, defendants 2, 3, 5 and 6 resisted the attempt on the ground that after the preliminary decree dated 3-12-1976, the plaintiff and the 4th defendant had, as a result of mediation, surrendered their shares, by registered surrender deed No. 417/77 of the Chittur Sub Registry, in favour of the other sharers. The plaintiff filed a rejoinder denying execution and registration of any such deed by her, and the court below was thus called upon to find out whether the deed in question was genuine and valid. The plaintiff gave evidence as PW1 asserting that the thumb impression on the surrender deed (Ext.B1) was not hers, and that she had bad no knowledge about the alleged registration. RW1 was the 5th defendant, and RW2, an attesting witness to Ext. B1. RW3 was a finger print expert who opined that the disputed thumb impression (in Ext.B1) was really that














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