1. The suit property originally belonged to the late Appanna, father of respondent/plaintiff as per order in O.A. No.5670 of 1975. That property is situate in Muliyar Village within the local limits of the Sub Registrar, Kasargod. Respondent claimed that on the death of his parents the said property devolved on him and he has been possessing it. Appellant No.1 is brother of the late Appanna. In the year 1988 appellant No.1 and others on the strength of a sale deed allegedly executed by the late Appanna trespassed into the suit property. On enquiry respondent learnt that appellant No.1 had got executed Ext.B2, assignment deed No.1014 of 1978 dated 13.10.1978 by the late Appanna in respect of the suit property by undue influence and fraud. Respondent filed O.S. No.352 of 1990 in the court of learned Munsiff seeking cancellation of Ext.B2, assignment deed and recovery of possession of the suit property. Respondent alleged that the late Appanna was suffering from old age infirmities since six years prior to his death (on 27.11.1983) and for about ten years he was under the control and undue influence of appellant No.1. The late Appanna died under suspicious circumstances at t