K OMANA AMMA Vs. SARASAMMA

JUDGEMENT

(1.) APPELLANT/plaintiff sought to set aside a settlement deed executed by the 1st respondent who claimed to be the sole legal heir of the late Ramachandran Pilla. That settlement deed (Ext.A1 is its copy) was executed in favour of the 2nd respondent. Appellant claimed that she was married to one Balakrishna Pillai, he died on 04.09.1982 and following that, she married Ramachandran Pillai, the younger brother of Balakrishna Pillai on 01.10.1982. Ramachandran Pillai died on 07.02.1995. He left behind 3.24 Ares which he acquired as per sale deed No.3997 of 1982. Appellant claiming to be the sole legal heir of Ramachandran Pillai claims to have inherited that property, and urging that the 1st respondent had no authority or right to execute Ext.A1, settlement deed, sought its cancellation.

(2.) 1ST respondent/1st defendant died pending the suit. Her legal representatives were impleaded as additional defendants 3 to 6. 2nd respondent/2nd defendant, the donee under Ext.A1, settlement deed contended that appellant had not married Ramachandran Pillai and that she had nothing to do with Ramachandran Pilla. It is the further contention of the 2nd respondent that the deceased 1st respondent/1st defendant is the sole legal heir of the late Ramachandran Pillai and she was competent to execute Ext.A1, settlement deed in favour of 2nd respondent/2nd defendant.

(3.) EVEN as per the version of the appellant as PW1, it would appear that Ramachandran Pilla to whom she is said to be married after the death of her husband was aged only 10 years at the time of her marriage with Balakrishna Pilla. Even if it is assumed that it was after the appellant attained majority that she got married to Balakrishna Pillai, difference in age between the appellant and Ramachandran Pilla at the time of her marriage with Balakrishna Pillai should have been not less than 8 years. It is unlikely that Ramachandran Pillai married the appellant who was older to him by atleast 8 years. Moreover, her claim that her husband died on 06.09.1982 and she married his brother on 01.10.1982 appears to be quite improbable, apart from the Improbability arising from the age difference I have already stated. That apart, even when examined as PW1, appellant initially stated that Ramachandran Pillai was unmarried but, of course later stated that he married her.