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2022 Supreme(Online)(KER) 42566

HIGH COURT OF KERALA
DEVAKI AND OTHERS – Appellant
Versus
SIVANANDAN 7 OTHERS – Respondent


J U D G M E N T

The suit for declaration that Ext.A3 Sale Deed and Ext.A4 Settlement Deed are null and void, and for partition, was decreed concurrently by the Courts. These appeals are by the contesting defendants; RSA No.532 of 2009 by the legal heirs of the deceased 5th defendant, and RSA 818/2009 by the defendants 4, 6, and 7.

2. The plaintiffs and defendants 1 to 4 are siblings. They are the children of late Chellamma. 4th defendant is one of the daughters of Chellamma. The 5th defendant is the husband of the 4th defendant. The 6th defendant is their daughter. The 7th defendant is the husband of the 6th defendant.

3. The plaint schedule property has an extent of 40 cents. It belonged to Chellamma as per Ext.A1 Sale Deed. Chellamma died on 16.06.1999. Upon her death, when the plaintiff demanded partition, the defendants contended that Chellamma had conveyed the property to defendants 4 and 5 (daughter and son-in-law) under Ext.A3 Sale Deed of the year 1980, and that subsequently, as per Ext.A4 Settlement Deed of the year 1997 defendants 4 and 5 settled an extent of 9.50 cents of property therefrom in favour of their daughter and son-in-law, defendants 6 and 7. Ext.A3 document was

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