STALIN MARSHAL Vs. TITUS

JUDGEMENT

(1.) THE plaintiffs in O.S.No.534 of 2009 of the Additional Munsiff's Court, Nedumangad are aggrieved by the dismissal of that suit as confirmed by the Sub Court, Nedumangad in A.S.No.52 of 2011.

(2.) THE appellants sued the respondents/defendants to set aside Will No.10/III/07, partition of the suit property and for prohibitory injunction. They claimed that they are the children of the 1st respondent and the late Ratnamma. According to them, item Nos.1 to 3 of the plaint schedule belonged to the late Ratnamma as per document Nos.4315 of 1972, 2353 of 1977 and 2337 of 1979. They claimed that Ratnamma was admitted in the PNM Hospital, Kattakkada and was not able to do her daily avocations or take rational decisions. She died at the Medical College Hospital, Thiruvananthapuram. The 2nd respondent was looking after the 1st respondent. The 1st respondent forcibly evicted the appellants from the suit property. The 1st respondent fabricated Will No.10/III/07 as if it was executed by the late Ratnamma. The said document is got executed by fraud and misrepresentation. Hence the appellants wanted the said Will to be set aside and item Nos.1 to 3 be partitioned among themselves and the 1st respondent.

(3.) THE trial court found that evidence of PW1 is not sufficient to show that appellants are born to the late Ratnamma and consequently the suit was dismissed. That was confirmed by the first appellate court.