PHILIP LUKKA Vs. FRANCISCAN ASSOCIATION

JUDGEMENT

(1.) This is a plaintiff's appeal. It is directed against the judgement of the Sub Court, Kottayam, by which that Court dismissed the suit. The main prayer in the suit was for setting aside a gift deed executed by the plaintiff on the ground of undue influence and fraud. The 1st defendant is the Franciscan Association, defendants 2 and 3 are respectively its President and Vice-President.

(2.) Some facts are not in dispute. The plaint schedule property has an extent of 3 acres and 89 cents. It is situate about 1 Km. from the Kottayam Medical College and in close proximity to the Amalagiri College. As such it is a very valuable item of property. The plaintiff obtained the property in a partition in his family evidenced by Ext. Al dt. 27-8-1121 (9-4-1946). (According to the plaintiff, this is the only property owned by him, though a thandaper shows another property 1 acre 69 cents in his name). The plaintiff was a congenital invalid suffering from indifferent health throughout his life. Perhaps, this induced him to remain a bachelor throughout. He had all through a deep religious bend, with high regard for religious superiors and a deep sense of obedience to the priest-hood. He was God fearing in his habits and service minded always. Even while passing through agonising ailments, he felt service to others as the easy way to solace and relief. Conscious as he was about his supreme incapability to look after his mundane matters, he had left his property to be managed and maintained by his brother-in-law. He was having close contact with religious men, having been in the hospitals for treatment of his ailments and in the monesteries consistent with his religious life.

(3.) That on 27-1-1975, the gift deed of his property was executed, and registered in the Karukachal Sub Registry Office is not in controversy. As regards the property in question, the proper Sub Registry under the Registration Act iss Ettumangor, within a very short distance from the property and from the then residence of the plaintiff: It was, however, registered at the Karukachal Sub Registry Office, a place far beyond Kottayam and Changanacherry on the southern side of Ettumanoor. The registration was effectuated in the Karukachal Sub Registry Office by adopting a device of including "improvement rights"over 25 cents of land comprised in survey No. 32/4/10 of Nedumkunnam village within the jurisdiction of that Sub Registry Office.