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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Prasanna D/o Dasamma – Appellant
Versus
Nesamma (Died) LRs. Impleaded) – Respondent
| Table of Content |
|---|
| 1. factual background regarding property inheritance (Para 1 , 2 , 3) |
| 2. court's observations on legal processes (Para 4 , 8 , 9 , 10) |
| 3. parties’ arguments on document validity (Para 6 , 7) |
| 4. counterclaim and necessity for document cancellation (Para 18 , 19 , 20) |
| 5. final judgment and ruling on property rights (Para 34) |
JUDGMENT :
EASWARAN S., J.
1. Aggrieved by the concurrent findings rendered by the Sub Court, Neyyattinkara in OS No.180/2006, a suit for declaration, recovery of possession and injunction and the II Addl. District Court, Thiruvananthapuram, the plaintiffs have come up in RSA No.1337/2012; while the counterclaim plaintiff (defendant) in that suit approached this Court in RSA No.108/2013 aggrieved by the reversal of the judgment and decree in the counterclaim.
2. The facts for disposal of the cases will be as narrated in RSA No.1337/2012, since the said appeal is preferred by the plaintiffs.
3. The plaintiffs claim that they are the only legal heirs entitled to inherit the property of one Nesamony, who is the brother of the defendant. During the lifetime of Nesamony, four settlement deeds numbered as 85/98, 155/01, 153/01 & 154/01 and a release deed No.35/0
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