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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SETHUMADHAVAN @ ACHARY SETHUMADHAVAN – Appellant
Versus
SUNANDA – Respondent
| Table of Content |
|---|
| 1. background of the property dispute. (Para 2) |
| 2. question of law framed for consideration. (Para 3 , 4 , 7 , 8 , 9) |
| 3. arguments regarding the execution of the will. (Para 5 , 6) |
| 4. burden of proof regarding disputed signatures. (Para 11 , 13 , 14) |
| 5. credibility of testimony and relationship aspects. (Para 18 , 19) |
| 6. improper evaluation of suspicious circumstances. (Para 20 , 21) |
| 7. evaluation of signature comparison. (Para 22 , 23) |
| 8. conclusion and restoration of previous judgment. (Para 24 , 25) |
JUDGMENT
These appeals arise out of the judgment and decree of the Additional District Court, Irinjalakuda, in A.S. Nos.101 of 2012 and 112 of 2015 by which the judgment and decree rendered by the Principal Sub Court, Irinjalakuda, in O.S. No.645 of 2009 was set aside.
2. The brief facts necessary for the disposal of these appeals are as follows:
An extent of 1.53 Acres of land in Survey No.1361 of Mattathur Village, Thrissur District, originally belonged to one Sankaran. He died in the year 2006, leaving behind his wife Sunanda, two daughters, and his son. The suit was instituted, claiming 1/4th share each in the plaint schedule property. The defendant resisted the suit by cont
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