MRS.SARADHA SUGATHAN Vs. P.K.MANI @ VELAYUDHAN

JUDGEMENT

(1.) Relying on the decisions in Chakki Amma vs. Veeramani Iyer Sundara Iyer (1955 KLT 101) and in Kali Pennamma vs. St.Paul's Convent in Palluruthy (AIR 1972 Kerala 185), this review petition has been filed to review the judgment dated 28.07.2015 in R.S.A No.1110/2003 whereby this Court dismissed the Regular Second Appeal.

(2.) The facts are given in detail in the judgment under review. However, the bare facts necessary to dispose of the review petition are as follows:

(3.) One Chathunny was the absolute owner and in possession of item No.1 property. He had three children by name, Kochayyappan, Kunjitti and Mani. After the death of Chathunny, the three sons partitioned the property as per Ext.A1. Later, by Ext.B1 document, Kochayyappan and Mani assigned their property to one Theyyunni, a stranger. Theyyunni, in turn, by Ext.A2, assigned the property to Kunjitti who is the brother of Kochayyappan and Mani and thereby making Kunjitti the absolute owner of the property which was left behind by Chathunny. The suit was laid by the daughter of Kochayyappan challenging Exts.B1 and A2 characterising them as sham documents and contending that the assignors had retained possession and rights over the property even after those documents were executed. It was then contended that consequent on the death of Kochayyappan, being the daughter of Kochayyappan, the plaintiff is entitled to right over the properties of her father.