P. DEVI Vs. PRAMEELA MOHANAN

JUDGEMENT

(1.) Whether a plea of want of free consent to the execution of a document amounts to denial of execution within the meaning of the proviso to Section 68 of the Indian Evidence Act?

(2.) Challenging the concurrent findings entered by the III Additional Subordinate Judge's Court, Kozhikode in O.S.No.939 of 2010 followed by those of the First Additional District Court, Kozhikode in A.S.No.196 of 2013, the defendants in the suit have come up in Second Appeal.

(3.) The suit is one for the cancellation of Exhibit-A1 settlement deed, on the ground that it is hit by coercion, which has resulted in lack of free consent. A Consequential relief of recovery of possession has also been sought for. The plaintiff is the mother of late Mohanan. The defendants are his wife and children. Mohanan died on 30.06.2010.