J U D G M E N T

The plaintiffs in OS No.438/2008 on the files of the Munsiff’s Court, Muvattupuzha, a suit for declaring document No.1099/1988 as null and void, and for prohibitory injunction are the appellants herein.

2. The brief facts necessary for the disposal of the appeal are as follows: The plaint schedule property was obtained by the plaintiffs and their mother Koma as A schedule of the partition deed No.1098/1988 of SRO, Muvattupuzha. The defendant being the eldest brother of the plaintiffs and the eldest son of Koma, was entrusted to the preparation of the partition deed. The plaintiffs believed their brother and signed the papers brought by him without referring to the contents. A schedule to the partition deed was set apart to the plaintiffs and the mother of the plaintiffs. Later, on enquiry, the first plaintiff came to know that a settlement deed was executed with respect to the plaint schedule property as 1099/1988 of SRO, Muvattu