NIRMALA CHERIYAN Vs. SOORAJ SREEKUMAR

JUDGEMENT

(1.) The appellants, who are the petitioners before the Family Court, are the wife and the son. The first respondent is the husband/father. The other respondents are the assignees of properties under the first respondent-husband. The Original Petition was filed seeking to set aside Exts.A1 to A3 Sale Deeds. The Original Petition was dismissed by the Family Court.

(2.) According to the petitioners, the first respondent-husband is a drunkard and did not allow a peaceful life of the petitioners. He is addicted to alcohol. The petitioners are residing separately since 2008-09. The plaint schedule properties belong to the first respondent. The petitioners have a charge over the same towards their maintenance. Respondents 2 to 5 and the husband of the sixth respondent claimed to be friends of the first respondent and aided and influenced the first respondent to alcohol addiction. He was treated at various hospitals. By exerting fraud and undue influence, respondents 2 to 4 got the plaint schedule property conveyed in their favour, under Exts.A1 to A3 Sale Deeds. The sale deeds are not supported by consideration. They have been got executed taking undue advantage of the fiduciary relationship with the first respondent. The petitioners have charge over the property for their maintenance. The conveyances have been executed to defeat the right of the petitioners. With the above allegations the Original Petition was filed seeking to set aside Exts.A1 to A3 Sale Deeds.

(3.) The first respondent died pending the Original Petition. The other respondents denied the allegations levelled. They denied of having aided the first respondent in his liquor addiction etc. The allegations of fiduciary relationship and undue influence were denied. It was contended that the sale deeds are supported by valid consideration. It was also contended that after Exts.A1 to A3 conveyance the first respondent had purchased another property having an extent of 5 cents with a residential house thereon which, on his death, has devolved on the petitioners.