JUDGMENT :

This appeal arises out of decree and judgment in A.S.No.197/2010 on the files of Additional District Court-IV, Kollam, whereby the learned Additional District Judge set aside the verdict of the trial court in O.S.No.243/2001 on the files of the Principal Sub Court, Kollam. The appellant is the plaintiff in the suit and respondents are the defendants and their legal heirs.

2. Heard the learned Senior Advocate Sri P.B.Krishnan appeared for the plaintiff/appellant; learned Senior Counsel Sri Nandakumara Menon appeared for the original 3rd defendant and Advocate Chelur Sreekumar, who appeared for defendants 5 and others.

3. I shall refer the parties in this appeal as `plaintiff’ and `defendants’ referring their status before the trial court, hereafter for easy reference.

4. Perused the verdicts under challenge and the records thereof.

5. As on 26.08.2014, my learned predecessor admitted this appeal on questions of law Nos.2, 3 and 6 raised in the Memorandum of Appeal. The same are as under:

“2. Is not the Lower Appellate Court wrong in shifting the burden to the plaintiff to prove the validity of Ext.A4?

3. Is not Lower Appellate Court correct in interfering with the well reasoned