JUDGMENT

Dated this the 5th day of October, 2023 Defendants 2 to 4 in O.S.No.539/2015 on the files of the Munsiff Court, Muvattupuzha, who are the respondents 2 to 4 in A.S.No.7/2019 on the files of the Sub Court, Muvattupuzha, have filed this appeal under Section 100 r/w Order XLII Rule 1 of the Code of Civil Procedure (for short, ‘the C.P.C.’ hereinafter), challenging the decree and judgment passed in the appeal. Sole respondent is the plaintiff in the suit.

2. Heard the learned counsel for the appellants as well as the learned counsel for the respondent.

3. I shall refer the parties in this appeal as ‘plaintiff’ and ‘defendants’ for convenience.

4. This Court admitted this appeal, as per order, dated

16.3.2020, by raising the following questions of law:

“(a) Is not the finding of the lower appellate court that Ext.B1 deed is executed for no valid consideration is legally incorrect?

(b) Ext.B1 being a registered deed, can it be ignored without setting aside the document?”

5. Plaintiff’s case in brief:

According to the plaintiff, the plaint schedule property, having an extent of 81 sq.m. in Sy.No.378/23A and 2.28 Ares in Sy.No.378/21/2 of Marady Village, originally belonged to Mr.Hussain