MATHEN PHILIPOSE Vs. BOBY JOHN, ELANJITHARAYIL HOUSE

JUDGEMENT

(1.) ADMIT .

(2.) THE Second Appeal is brought from the judgment and decree of learned District Judge, Kottayam in A.S. No.173 of 1993 reversing the judgment and decree of learned Munsiff, Ettumanoor in O.S. No.141 of 1984.

(3.) THE 2nd respondent is the daughter of the appellant. The 1st respondent is the husband of the 2nd respondent. Marriage of the respondents was solemnized on 26.02.1984. According to the respondents, it was agreed that the 2nd respondent would be given Rs.3,500.00 in cash, 1= sovereigns of gold ornaments and share in the property of the appellant. As per that understanding the appellant executed Ext.B1, settlement deed in favour of the respondents on 20.02.1984. 20 cents out of a total extent of 59.5 cents belonging to the appellant was settled in favour of the respondents. A week or so after the marriage, the respondents went to Bangalore where the 1st respondent was working. While so, the appellant, represented by his wife (P.W.1) filed O.S. No.141 of 1984 in the Munsiff's Court, Ettumanoor for a declaration that Ext,B1, settlement deed No.404 of 1984 (Ext.A6 is its certified copy) is null and void since at the time the said document was (allegedly) executed the appellant was not having sound mind, and for a decree for prohibitory injunction against the respondents trespassing into the said property. The appellant claimed that he was of unsound mind since about two years preceding the execution of Ext.B1. An allegation of fraud and undue influence (without stating details) is also made in the plaint to challenge Ext.B1.