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1986 Supreme(Ker) 5

P.C.BALAKRISHNA MENON, K.SUKUMARAN
Philip Lukka – Appellant
Versus
Franciscan Association, Vazhappally – Respondent


Advocates:
P. Gopalakrishnan Nair, for Petitioner; Thomas V. Jacob, A.K. Gopi and V.R. Radhakrishnan, for Respondents.

Judgement

SUKUMARAN, J. :- This is a plaintiff's appeal. It is directed against the judgement of the Sub Court, Kottayam, by which that Court dismissed the suit. The main prayer in the suit was for setting aside a gift deed executed by the plaintiff on the ground of undue influence and fraud. The 1st defendant is the Franciscan Association, defendants 2 and 3 are respectively its President and Vice-President.

2. Some facts are not in dispute. The plaint schedule property has an extent of 3 acres and 89 cents. It is situate about 1 Km. from the Kottayam Medical College and in close proximity to the Amalagiri College. As such it is a very valuable item of property. The plaintiff obtained the property in a partition in his family evidenced by Ext. Al dt. 27-8-1121 (9-4-1946). (According to the plaintiff, this is the only property owned by him, though a thandaper shows another property 1 acre 69 cents in his name). The plaintiff was a congenital invalid suffering from indifferent health throughout his life. Perhaps, this induced him to remain a bachelor throughout. He had all through a deep religious bend, with high regard for religious superiors and a deep sense of obedience to the prie




































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