J U D G M E N T

Appellants are defendant Nos.1 and 2 in O.S. No.482 of 2003 on the files of the Additional Munsiff's Court, Kochi. The defendants are mother and sister respectively of the plaintiff. They were sued for a mandatory injunction, directing them to vacate the plaint schedule property, measuring 2.750 cents with a house situated thereon, as if they are in permissive possession of the plaintiff. 2. According to the plaintiff, the plaint schedule property and building belongs to him, by virtue of Ext.A1 Gift Deed dated 17.11.1999, executed by the mother, the 1^st defendant herein. Pursuant to Ext.A1, the plaint schedule property was delivered to the plaintiff and the Gift Deed was accepted by the plaintiff, according to him. Thus, the gift has come into force. After the execution of the Gift Deed, the mother was permitted to reside in the house, though, she had lost title over the property by virtue of the life estate reserved in her favour. While so, the mother filed O.S. No.162 of 2002, seeking for a mandatory injunction and permanent prohibitory injunction. It was contended that the Gift Deed was executed by undue influence, fraud and misrepresentation for the purpose of