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SATHISH NINAN
ROHINI JULIET @ LEKHA – Appellant
Versus
SHERRY KUNJU – Respondent
JUDGMENT :
Sathish Ninan, J.
1. The concurrent dismissal of a suit for partition is assailed by the plaintiff in the suit.
2. The parties are siblings. The plaint schedule consists of two items of properties. Item No. 1 having an extent of 42.40 Ares admittedly belonged to the mother of the parties. Plaint item No. 2 belonged to the father of the parties and was gifted to the mother as per Ext.A3. Thus, both plaint items 1 and 2 belonged to the mother.
3. The claim for partition was challenged by the defendants setting up Ext.A1 Gift Deed executed by the mother in their favour.
4. The courts below held that without seeking to set aside Ext.A1 or a declaration that the same is void, the mere suit for partition is not maintainable. The decree was confirmed in appeal.
5. Heard learned counsel Sri. Arun V.G. on behalf of the appellant-plaintiff and Sri. Saji Issac on behalf of the respondents-defendants on the following substantial questions of law:
(b) Is Ext.A1 Gift Deed bad for want of proper attestation as required under law?
6. Section 68 of the
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