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2024 Supreme(Ker) 705

C. PRATHEEP KUMAR
Vythala Amina Umma (Died) – Appellant
Versus
Keezhattil Kandanthodi Asya D/o Kandanthodi Kammukutty Haji – Respondent


Advocates:
Advocate Appeared:
For the Appellants : N.M. Madhu, C.S. Rajani.
For the Respondents: P.A. Harish, R. Rajesh Kormath, K.M. Sathyanatha Menon.

JUDGMENT :

C. PRATHEEP KUMAR, J.

1. These Second Appeals are filed against the common judgment and decree in A.S.Nos.41/2005 and 42/2005 on the file of the Additional District Judge-III, Manjeri, dismissing those appeals and thereby confirming the judgment and decree of the Munsiff's Court, Manjeri dismissing O.S.226/2000 and 65/2000.

2. The validity of Ext.B2 (same as Ext.A2) sale deed No. 1052/83 of SRO Vazhakkad, allegedly executed by Amina Umma, the plaintiff in OS 226/2000 in favour of her four daughters is the subject matter in dispute in these appeals. O.S.65/2000 is a suit for injunction filed by the daughters against one of their 4 brothers, alleging that the defendant restrained them from constructing a building in the property, which they obtained as per Ext.B2 assignment deed. Thereafter, the mother filed O.S.226/2000 against the daughters as well as the assignees of the daughters, praying for a declaration that Ext.A2 assignment deed is void and also for recovery of possession of the said property from the defendants, on the strength of her title.

3. The trial court tried both the suits together and decreed the suit filed by the daughters and dismissed the suit filed by th

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