JUDGMENT

Second Appeal arises at the instance of defendant Nos.1 and 2 in O.S.No.23 of 1988. Parties are referred to as plaintiff and defendants as in the trial court for convenience.

2. Plaintiff, defendant Nos.1, 4 and 10, the late Velayudhan, the late Padmanabhan and the late Karthyayani are children of Achuthan (he died in the year 1959). Padmanabhan died as a bachelor. Defendant No.3 is the wife of the late Velayudhan. Defendant Nos.5 to 9 are children of the late Karthyayani. Defendant No.11 claimed to have entered into some agreement with defendant No.1 to purchase a portion of the suit property. Case of the plaintiff is that late Achuthan was residing in the building in the suit property since long taking income therefrom. While so, a document was obtained on 17.7.1957 in the name of defendant No.1 from the prior owner, Keralavarma Thampuran getting assignment of the entire right over the property in favour of defendant No.1. According to the plaintiff, at the time of that document Achuthan was aged about 70 years and was dependant on defendant No.1. That document was taken by defendant No.1 without the consent of the plaintiff or other legal representatives (of Achuthan). Wh