CHACKO Vs. MAHADEVAN

JUDGEMENT

(1.) These appeals have been filed against the judgment of the Kerala High Court dated 27.5.1999 in Second Appeal No.960 of 1989. That Second Appeal arose out of a suit being O.S. No.431 of 1983 filed by the present appellant Chacko and his wife Annakutty against the defendant Mahadevan. The defendant in that suit Mahadevan in his turn filed suit O.S. 437 of 1983 against Chacko and Annakutty. Both these suits were tried together. The trial court dismissed the suit filed by Chacko and Annakutty and decreed the suit filed by Mahadevan. On appeals being filed, the appellate court reversed the decrees of the trial court and granted Chacko and Annakutty a decree and dismissed the suit filed by Mahadevan. Aggrieved Mahadevan filed the second appeal before the High Court, which was allowed and hence this appeal.

(2.) We have heard learned counsel for the parties and perused the record.

(3.) The facts of the case are that Chacko had land of an extent of 20 cents (100 cents being equal to 1 acre). By sale deed dated 4.9.1982, Ext.A2, Chacko sold one cent out of this land for Rs.18000. Thereafter Chacko sold another three cents of this land to Mahadevan for Rs.1000 vide sale deed dated 11.7.1983 Ext.A3. The suit O.S.431 of 1983 was filed by Chacko and Annakutty seeking to set aside that sale deed dated 11.7.1983, Ext.A3, on the ground that it was vitiated by fraud and was hence null and void and for a prohibitory injunction restraining Mahadevan from entering into that property. The averment in the plaint was that Chacko was given liquor by Mahadevan and others and under that influence the sale deed was got executed. Hence it was void. The defendant Mahadevan denied the plaints allegations.