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1974 Supreme(Ker) 181

GEORGE VADAKKEL
Kollanchil Padinhakkara Abdulrahiman – Appellant
Versus
Kunhimohamad – Respondent


Advocates:
K. Kuttikrishna Menon and A. P. Chandrasekharan, for Appellants, T. R. G. Warrier and K. Ramakumar, for Respondents.

JUDGMENT :-

In respect of the suit properties the plaintiff - she was the sole plaintiff: plaintiffs Nos. 2 and 3, her husband and one of her two sisters, came in on her death as her legal representatives - executed Ext B-1 gift deed on 30-11-1960 in favour of her deceased brother's children, defendants Nos. 1 to 3, and got it registered on 4-12-1960. Thereafter on 10-12-1960 she executed Ext. A-10 cancellation deed, and on 21-12-1960 filed the suit out of which this appeal arises for cancellation of Ext. B-1 gift deed. Pending trial of the suit she died issueless on 2-6-1961. The 4th defendant is her other sister. She is neither contesting the suit nor seeking any relief in respect of the suit properties. The trial Court decreed the suit but the lower appellate Court reversed the same. Plaintiffs Nos. 2 and 3 have come up in appeal.

2. Admittedly, the plaintiff was not well at the time of the execution of Ext. B-1, and thereafter also. The evidence of P. W. 1, the son of the 3rd plaintiff is to the effect that she was suffering from rheumatism for five or six months previous to her death, and that she was bed-ridden. However, it is also borne out from P. W. 1's evidence that she wa








































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