KUNHALIMA Vs. MAHAMMED

JUDGEMENT

(1.) A registered sale deed of the year 1989(Ext.B9) was assailed by the legal heirs of the executant, one Mahammad, alleging that he was not competent to contract for want of sound disposing state of mind, at the time of execution of the sale deed. The suit, O.S. No.122/1996, was dismissed by the Sub Court, Kasaragod, which was confirmed by the District Court, Kasaragod by judgment dtd. 30/11/2005. The said judgment rendered in A.S. No.114/1998 is under challenge in this Regular Second Appeal. Plaintiffs 1 to 5, 7 and 9 - who were appellants 1 to 5, 7 and 9 in the appeal - are the appellants herein.

(2.) This Court admitted the second appeal on the following substantial questions of law, as formulated in the memorandum of appeal:-

(3.) Heard Sri.S.V.Balakrishna Iyer, learned Senior Counsel, instructed by Adv.P.B.Krishnan, on behalf of the appellants and Sri.Suresh Kumar Kodoth, learned counsel for the respondents. Perused the records.