RAVIKUMAR RAI Vs. JAYANTHI RAI,

JUDGEMENT

(1.) The appeal is preferred by the plaintiffs in O.S. No.278/2017 on the files of the Munsiff's Court, Kasaragod. According to the plaintiffs, the plaint A schedule property originally belonged to Deyyakku. Thereafter, her right devolved upon the plaintiffs and the 7th defendant. On 25/8/2017, the plaintiffs came to know that Doomanna Rai, father of defendants 1 to 6, fraudulently executed settlement deed No.260/2001 dtd. 24/1/2001 of SRO, Badiadka. It is the specific case of the plaintiffs that Doomanna Rai has no right over the plaint A schedule property and, therefore, the settlement deed is not genuine and is liable to be set aside. The plaintiffs sent a registered notice on 22/8/2017 calling the defendants to effect partition of the A schedule property, which was refused by the defendants and hence, the suit was filed. The defendants appeared and contested the suit, pointing out that their predecessor in interest, namely Doomanna Rai, was in absolute ownership and possession of the suit property. Pattas were issued in his name and later, a settlement deed was executed in favour of the defendants 1 to 6. The plaintiffs themselves knew about the said settlement deed and no steps were taken by them to question the same. It was further contended that before the repeal of the Aliyasanthana Act, Doomanna Rai filed O.S No.34/1975, a partition suit, on the files of the Court of Subordinate Judge, Kasaragod and a final decree of partition was passed on 19/6/2009 and an advocate commissioner was appointed to the suit, who visited the property for demarcation of the property, and that the plaintiffs knew about the filing of the suit and passing of the final decree.

(2.) On behalf of the plaintiffs, Exts.A1 to A15 documents were produced and marked, and on behalf of the defendants, Exts.B1 to B6 were produced and marked. 1st plaintiff was examined as PW1 and the 2nd defendant was examined as DW1.

(3.) The trial court, on appreciation of evidence, framed the following issues for consideration: