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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
DEVAKI D/O.RADHAKRISHNA CHANNAR, KOTTAYKATTU VEEDU, VALIYAKUZHI MURI, CHEPAD VILALGE, PIN 690 507 – Appellant
Versus
KAUSALYA CHANNATTI (DIED) – Respondent
| Table of Content |
|---|
| 1. introduction of the appeal and factual background. (Para 1 , 2) |
| 2. court's observations on the validity of the deeds. (Para 3 , 4 , 8 , 10 , 11 , 12) |
| 3. counsel's arguments regarding attestation issues. (Para 5 , 6) |
| 4. ratio regarding the necessity of proper intent in attestation. (Para 9 , 13) |
| 5. final dismissal of the appeal. (Para 14) |
J U D G M E N T
The defendants in OS No.238/1997 on the files of the Munsiff’s Court, Harippad, a suit for setting aside two gift deeds, have come up in the present appeal, aggrieved by the reversal of the judgment and decree in the suit granted in their favour, by the Additional District Court-I, Mavelikara.
2. The brief facts necessary for the disposal of the appeal are as follows:
The plaint scheduled properties comprised of 60 cents in survey No.V 1856 (item No.1) and 59 cents in survey No.V 1857 (item No.2) and 8 cents in survey No.V 1847/B (item No.3) were subject matter of two gift deeds Nos.1239/1989 and 1267/1989, executed in favour of defendants 2 and 3 by the first defendant. The plaint schedule properties are owned by the plaintiff as per the partition deed No.7080/1119 ME. The plaintiff contended that she did not execute an
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