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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
MATHUKUTTY – Appellant
Versus
MATHAI (DIED) (LR’S IMPLEADED) – Respondent
| Table of Content |
|---|
| 1. background of appeal and claims of fraud regarding partition. (Para 1 , 2) |
| 2. court's framing of substantial questions of law. (Para 3 , 4) |
| 3. appellant's arguments concerning execution and burden. (Para 5 , 6) |
| 4. court's examination of plaintiff's testimony and limitations. (Para 8 , 9) |
| 5. authorities on document execution and misrepresentation. (Para 10 , 11 , 12) |
| 6. final judgment on the case and outcome. (Para 13) |
JUDGMENT
The appeal arises out of the findings rendered concurrently by the Munsiff Court, Muvattupuzha, in O.S No.340/2007 and in A.S No.49/2009 by the Sub Court, Muvattupuzha.
2. The brief fact necessary for the disposal of the appeal are as follows:-
The appellant is the son of the original plaintiff, Mariam, who instituted O.S No.340/2007 before the Munsiff Court, Muvattupuzha, seeking to cancel partition deed dated 13.10.2003 on the pretext that the same was executed by playing fraud on her and that she never intended to execute the said partition deed and release the share over the plaint schedule property. Originally, the plaint schedule property belong to the plaintiff and her husband by virtue of sale deed No.2642/1116 M.E. After the death of the pl
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