THEVI KUNJU PENNU Vs. KALI VELUMBI

JUDGEMENT

(1.) THE defendants in O.S. No.281 of 1988 of the Munsiff's Court, Punalur are aggrieved by the judgment and decree of that court as confirmed by the Sub Court, Kottarakkara in A.S. No.158 of 2005.

(2.) THE respondents-plaintiffs prayed for setting aside a document, fixation of boundary and for prohibitory injunction. They claimed that the suit properties belonged to their mother and as per Ext.A1, partition deed No.2524 of 1965, item No.1 of the plaint schedule was allotted to the original plaintiff while item No.2 was allotted to one Devi. The deceased first defendant and his wife obtained certain papers signed by the original plaintiff (he died pending the suit and his legal representatives are impleaded as additional plaintiffs) at a time when he was undergoing treatment at the Government Hospital, Kottarakkara. Later, the original plaintiff learned that document No.1803 of 1987 was created fraudulently. Exhibit A3 is the copy (Ext.B1 original) of that document. The original plaintiff wanted that document to be set aside, to put up boundary between his property and the property of the appellants and prayed for a decree for prohibitory injunction.

(3.) THE trail court on evidence found that Ext.B1 was fraudulently got executed and consequently granted a decree in favour of the respondents. That decision was confirmed by the first appellate court.