VALSALA M. Vs. JAYARAJAN

JUDGEMENT

(1.) THE second appeal is drawn from the judgment and decree of learned 2nd Additional Munsiff, Kozhikode in O.S No. 379 of 2006, confirmed by the learned 2nd Additional District Judge, Kozhikode in A.S. No. 124 of 2010. The suit property, it is not disputed originally belonged to one Madhavi Amma, the grandmother of appellants/plaintiffs and respondents 1 to 4/defendants 1 to 4 and the mother of deceased 5th defendant (she died pending of the suit) as per assignment deed No. 103 of 1964. On the death of said Madhavi Amma, the said property is devolved upon the deceased 5th defendant as her sole legal heir. According to the appellants, the deceased 5th defendant had various ailments and was admitted in the MIMS, Kozhikode on 03/11/2004. While so, respondents 1 to 3 got Ext. A1, assignment deed No. 281 of 2006 executed by the deceased 5th defendant. Appellants say that the said assignment deed is invalid since the deceased 5th defendant was not able to understand the consequence of her act on account of her ailments and since the document was got executed fraudulently. Appellants prayed for declaration and that Ext. A1, assignment deed is void and for injunction against respondents 1 to 3 alienating the property.

(2.) RESPONDENTS 1 and 2/defendant 1 and 2 contended that the deceased 5th defendant was residing with them. They denied the allegations regarding the nature of illness of the deceased 5th defendant. According to them income deceased 5th defendant was getting from her property was meagre, not sufficient for her treatment and hence she wanted to sell that property. Accordingly, she assigned the property to the respondents 1 to 3 as per Ex. A1, for consideration.

(3.) THE deceased 5th defendant contended that she executed Ext. A1 on her own Will. She denied the allegation of her incapacity to execute the document. She denied that the document was got executed fraudulently. Respondents 1 to 3 had spent amounts for her treatment. She, on her own executed Ext. A1, Assignment Deed in favour of respondents 1 to 3.