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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SANTHAMMA D/O.LEKSHMI – Appellant
Versus
BHANU S/O.MADHAVAN – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim based on settlement deed and the circumstances of its execution. (Para 1 , 2) |
| 2. legal representation and arguments presented by both parties regarding misrepresentation and fraud. (Para 3 , 4 , 5 , 6) |
| 3. court's appraisal of the evidence and reaffirmation of lower courts' concurrent findings. (Para 7 , 8) |
| 4. conclusion on the presumptive value of registered documents and burden of proof. (Para 9) |
| 5. final order dismissing the appeal. (Para 10) |
JUDGMENT
The legal heirs of the original plaintiff have come up in the appeal aggrieved by the concurrent findings rendered by the Munsiff Court, Adoor in O.S. No.486 of 2003, as well as the District Court, Pathanamthitta, in A.S. No.7 of 2007.
2. The brief facts necessary for the disposal of the appeal are as follows:
As per the averments in the plaint, the plaint schedule property having an extent of 9.37 Ares belonged to the plaintiff, which she obtained as per the partition deed No.721/1975. The plaintiff had constructed a building in the plaint schedule property about 28 years back. The defendant, her son, was working at Bombay. When he came back from Bombay, he started to reside in the building in the plai
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