IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
DEVANESAM – Appellant
Versus
THANKARAJAN – Respondent
JUDGMENT
This appeal arises out of the judgment and decree dated 3.2.2011 in A.S. No.57 of 2003 on the files of the Sub Court, Neyyattinkara. The appellants herein are the legal heirs of the deceased original plaintiff (a person with an unsound mind being represented by the next friend and guardian i.e., his wife) in O.S. No.345 of 1995, on the files of the Additional Munsiff Court-II, Neyyattinkara, which was instituted for cancellation of a sale deed stated to be executed through undue influence and fraud. As per the averments in the plaint, the plaintiff has obtained the plaint schedule property by virtue of the gift deed No.1174/1982, and he is the owner in possession of that property. The defendant, being the son of his elder sister, misrepresented the plaintiff and caused him to execute a sale deed in his favour with ulterior motives. The value stated in the sale deed is only Rs.10,000/- for ten (10) cents. It was further contended that the said document was caused to be executed through undue influence within six days from the date on which the plaintiff was discharged from the hospital where he was treated for his mental condition. The doctor, who treated the plaintiff, wa
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