JUDGMENT

The petitioner is the 5th defendant in O.S.No.724 of 2015 pending on the files of the First Additional Munsiff’s Court, Ernakulam. The facts leading up to the filing of the suit are as follows;

The 1st plaintiff is the wife and plaintiffs 2 to 4 are the children of deceased John Paul. The plaintiffs were residing along with John Paul in the USA. While so, in the year 2003, John Paul returned to India and started residing at his native place. The plaintiffs continued to live in America and visited John Paul occasionally. John Paul, who was suffering from various ailments, succumbed to his illness on 4.8.2009. Little while later, defendants 1 to 3, who are his sisters, handed over a copy of the Will allegedly executed by deceased John Paul. As per the recitals in the Will, the deceased had bequeathed his immovable properties, including the property in Block 19, Re-survey 179/18 in Manakkunnam Village in Kanayannur Taluk, Ernakulam District, to defendants 1 to 3. John Paul would never execute such a document under his free and volition. From 2004 onwards, John Paul was under continuous treatment at the Ernakulam Medical Centre was rendered completely bedridden, over a period of time. Moreover, he was a chronic alcoholic and had undergone treatment for his debilitating physical and psychiatric conditions, including delirium and hepatic encephalopathy. John Paul’s altered mental status was exploited by his sisters and the Will obtained by fraud and misrepresentation. Hence, Will Deed No.158/2007 registered on 22.6.2007 at the Sub Registry, Tripunithura is null and void. The plaintiffs initially filed O.S.no.953 of 2010 before the Sub Court, Ernakulam seeking cancellation of Will Deed No.158/2007, for a decree allowing the plaintiffs to recover possession of the plaint schedule properties and permanent prohibitory injunction, restraining the defendants therein from trespassing upon and interfering with the plaintiffs’ peaceful possession and enjoyment of the property. During the course of trial in O.S.No.953 of 2010, the 1st plaintiff applied for encumbrance certificate with respect to the properties of her late husband and on obtaining the encumbrance certificate was surprised to find entry regarding Settlement Deed No.5247 of 2007 dated 10.11.2007 executed by John Paul in favour of the 3rd defendant, with respect to property having an extent of 16.50 Ares (40.770 cents) in Sy.No.179/18, Block No.19 in Manakkunnam Village. It was also revealed that, in turn, the 3rd defendant had executed Sale Deed No.4234/2008 dated 16.12.2008 of Tripunithura SRO in favour of the 4th defendant with respect to the property obtained under the settlement deed. Thereafter, the 4th defendant had executed Sale Deed No.1823/2010 dated 12.7.2010 in favour of the 5th defendant. Alleging that the 3rd defendant had obtained the settlement deed in her favour by fraud and coercion, capitalising the diminished mental capacity of John Paul, respondents 1 to 4 filed O.S.No.724 of 2015 before the First Additional Munsiff's Court, Ernakulam. The reliefs sought in the suit are to cancel Settlement Deed No.5247/2007 and consequentially Sale Deed Nos.4234/2008 and 1823/2010, of Tripunithura SRO, as null and void and not binding on the plaint schedule property or the plaintiffs and to recover possession of plaint schedule property on the strength of title and for injunction.

2. The petitioner/5th defendant filed written statement refuting the allegation of fraud and mental incapacity of deceased John Paul and contended that she and her husband had paid hard earned money to purchase the property from the 4th defendant with the hope of constructing a residential house therein. The 5th defendant also raised objection as to the valuation of the suit and filed a separate interlocutory application under Section 12(2) of the Kerala Court Fees and Suits Valuation Act, 1959. The relevant portion of the averments in that application is extracted hereunder for easy refere