The suit for partition on setting aside Ext.A2

Partition Deed, was dismissed by the trial court.

2. The plaintiff and the first defendant are siblings. Defendants 2 to 4 are the legal heirs of yet another sister, late Devayani. The properties sought to be partitioned belonged to their father Raman. He died intestate. The first defendant requested that he needed to create a mortgage to raise a loan for the renovation of the ancestral house where he was residing with family, and wanted to have the said property having an extent of 24.250 cents in his favour. The plaintiff was not amenable. Thereupon he requested for conveyance of 4 cents therefrom so that it could be mortgaged and loan availed. It was suggested that the remaining properties could be partitioned later. The plaintiff agreed for the R.F.A. No.528 of 2016 same. Making the plaintiff believe that a settlement deed is being executed, on 09.09.2005 the first defendant got executed Ext.A2 Partition Deed. Their mother Madhavi died intestate in the year 2007. On coming to know about the fraud, the suit has been filed.

3. The suit was contested by the first defendant. He supported Ext.A2 partition. 4. The trial court