JUDGMENT :

This is a case wherein Mrs.Puthiyapurayil Janaki an aged lady who is none other than the mother of the respondent herein had allegedly gifted the plaint schedule property by a deed of gift No.1406/2012 of SRO Ulickal which has been devolved on her by virtue of a Will executed by Sri.Balan Achari, and registered at S.R.O, Ulickal as 117/2010 on 28.12.2010, in favour of the respondent, who is her eldest daughter. The Suit was filed by the lady as OS No.706/2012 before the Subordinate Judge's Court, Kannur (for short the 'trial court') seeking to declare gift deed No.1406/2012 of SRO Ulickal as voidable and to cancel the same. The Suit was dismissed by the trial court directing the parties to suffer their respective costs. The aggrieved lady has preferred the appeal on hand before this Court. Parties to this appeal will hereinafter be referred to as the plaintiff and defendant in accordance with their status before the trial court.

2. According to the lady, the Will referred to above makes it obligatory on her to arrange the funds for the marriage of her younger daughter Smt.Saritha by disposing off 10 cents of property out of the total extent bequeathed by her husband in her