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2008 Supreme(Online)(KER) 27762

HIGH COURT OF KERALA
V.RAMKUMAR, J
BALAN – Appellant
Versus
MATHEW – Respondent


JUDGMENT

The defendants in O.S.No.465/2008 on the file of the Munsiff's Court, Chalakudy are the appellants in this second appeal. The said suit filed by the respondent herein was one for cancellation of Ext.A1 sale deed dated 14.1.1997 in respect of 8 ½ cents of property on the allegation that the plaintiff did not execute the said document nor did he go to Sub Registrar's Office and got it registered and that it is a fabricated document. As per Ext.A1 sale deed the plaintiff had purportedly sold 8½ cents of property to the defendant.

2. The suit was resisted by the defendants contending inter alia that the original of Ext.A1 sale deed was executed by plaintiffs for valuable consideration and that the case of the plaintiff was false.

3. The learned Munsiff, after trial, came to the conclusion that, apart from the fact that the signatures of the plaintiff in the original document summoned from the Sub Registrar Office as Ext.X1 was patently dissimilar, his signatures in Ext.X3 and X4 prior sale deeds of the year 1993 were also palpably dissimilar with the signatures in the original of Ext.A1 sale deed. The trial court also found that when the thumb impression of the plaintiff was obt

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