HELEN THULASI BHAI Vs. BENSON ALBIN PRAKASH

JUDGEMENT

(1.) THE Second Appeal arises from the judgment and decree of the Third Additional Munsiff's Court, Thiruvananthapuram in O.S. No.984 of 1993 as confirmed by the District Court, Thiruvananthapuram in A.S. No.112 of 1997.

(2.) THE appellant and another filed the suit for partition and other reliefs. They claimed that the suit property originally belonged to their paternal uncle, Robertson who died intestate and a bachelor in the year 1979. Hence the suit property devolved on the appellant, 2nd plaintiff and the respondents. They contended that Robertson was mentally ill and later, it was learned that he had executed gift deed No.2008 of 1973 in favour of the 2nd respondent-2nd defendant. The appellant and the 2nd plaintiff wanted to avoid that gift deed on the ground that Robertson was not capable of executing the document and it is the result of either forgery or impersonation.

(3.) THE trail court found that the suit is barred by limitation since the document impugned is of the year, 1973 but the suit is filed in the year, 1993 almost after 20 years. The trail court also found that the allegation that gift deed No.2008 of 1973 (Ext.A1 is its copy) was not duly executed by Robertson is not correct. A further finding the trial court has entered is that non-impleadment of assignees of the 2nd respondent in the suit is fatal. The first appellate court confirmed the said findings. Hence this Second Appeal.