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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
K. Sandhya W/o Babuprasad – Appellant
Versus
K.K. Sivakumar S/o Late K.S. Krishnan – Respondent
| Table of Content |
|---|
| 1. background of the partition suit. (Para 1 , 2) |
| 2. claims of fraud and misrepresentation. (Para 3 , 4) |
| 3. arguments supporting the plaintiff's claims. (Para 5 , 9 , 10) |
| 4. court's evaluation of evidentiary standards. (Para 6 , 8 , 13 , 14) |
| 5. conclusion on the validity of ext.a1. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT :
1. The suit for partition of various items of properties was decreed only with regard to two items in the plaint A schedule. The plaintiffs are in appeal. The third defendant has also preferred a separate appeal challenging the said decree.
3. It is contended by the plaintiffs that their elder brother, the first defendant, obtained their signatures in the said registered deed by making them believe that it was a Power of Attorney authorising him to manage the business run by their father. Believing him, they signed it without reading its contents, and thereby Ext.A1 came to be registered. The plaintiffs assert that all the plaint schedule properties continued to remain in their joint possession and ownership notwithstanding the creation of the said document. On 12.06.2012, when the plaintiffs demanded partition of their shares, the first defendant declare
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