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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
CHECHAMMA K. MATHEN – Appellant
Versus
C.J. MATHEW – Respondent
| Table of Content |
|---|
| 1. summary of suit facts and prior proceedings. (Para 2) |
| 2. substantial questions on sale deed validity. (Para 3) |
| 3. rival counsels' arguments on evidence and fraud. (Para 4 , 5 , 6) |
| 4. analysis upholding registered deed presumption over will. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 16 , 17) |
| 5. appeal allowed; perverse findings reversed. (Para 18) |
J U D G M E N T
The 1st defendant in a suit for declaration of title, mandatory injunction and recovery of possession has come up with the present appeal, aggrieved by the reversal of the dismissal of the suit by the Additional District Court-IV, Kollam, on appeal by the plaintiff.
2. The brief facts necessary for the disposal of the appeal are as follows:-
The plaintiff is the son of one late Joseph Mathew.
The late Joseph Mathew had transferred right title and interest over the plaint schedule property in favour of the 1st defendant / appellant by a registered sale deed dated 20.09.1989. Later, it appears that Joseph Mathew had executed a closed Will on 18.05.1998. Though it is stated that it is with concurrence of the 1st defendant, the evidence on that aspect is completely lacking. Joseph Mathew expired on 16.08.2005 and l
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