JOSEPH JOHAN PETER SANDY Vs. VERONICA THOMAS RAJKUMAR

JUDGEMENT

(1.) THESE appeals have been preferred against the impugned judgment and decree dated 16.7.2003 passed by the High Court of Madras in A.S. No. 1104 of 1987 and Transferred A.S. No. 1120 of 2001, wherein it has set aside the judgment and decree of the trial court which had decreed the suit of the appellant and dismissed the suit of the respondent No.1.

(2.) THE facts and circumstances giving rise to these appeals are:

(3.) SHRI Shyam D. Nandan, learned counsel appearing on behalf of the respondent No.1, has submitted that the High Court has rightly reversed the judgments and decree of the trial court interpreting and applying the statutory provisions in correct perspective. It was a clear cut case of undue influence. The Rectification Deed (Ex.A-6) executed by the father and appellant ought not to have been given effect to. In the instant case, as the respondent no. 1 was not a party to the document Ex.A-6, she was not bound by it. Also, the appellant could not have file the suit for rectification of settlement deed­ Ex.A- 1, as there was no mistake in the understanding or execution by the parties. The father of the parties was neither impleaded, nor examined before the trial court, though he was still alive at the time of institution of the suit. Even the appellant failed to examine the witnesses to the document Ex.A-3. He examined only Shri A. Bernard, the witness of document (Ex.A-6), who had no bearing to the instant case. Thus, the appeals lack merit and are liable to be dismissed.