SYAMALAKUMARI AMMA USHA KUMARI AMMA, MONYAMANGALATHU VEEDU Vs. JOHN STEEPHANOSE, NAISAL SADANAM, CHERIANADU PADINJARU MURI, CHERIANADU AND OTHERS

JUDGEMENT

(1.) Against the common judgment and decree in A.S.Nos.322/1988 and 303/1988 of a learned Single Judge of this court, the original plaintiff/appellant came up with these two appeals.

(2.) The suit in O.S.No.110/1981, on the file of the Sub Court, Mavelikkara, was filed by the plaintiff/appellant for setting aside Exhibit A1 document, certified copy of which was produced by the defendants as Exhibit B11, as against her one half right over the property and for partition by metes and bounds with mesne profits. The suit was decreed by the trial Court and granted partition after setting aside the sale deed (Exhibit B11= A1) . Two appeals were preferred in A.S.No.303/1988 and A.S.No.322/1988 by defendants 4 and 2 respectively and a learned Single Judge of this Court allowed the appeals and dismissed the suit. Aggrieved thereby, the plaintiff came up with these appeals.

(3.) The dispute is pertaining to an immovable property which is the subject matter of Exhibit A1 sale deed executed by the mother of the plaintiff in the year 1967 while the plaintiff was a minor. It is having an extent of 37.5 cents. The suit was filed in the year 1981 when the plaintiff was turning into 21 years, challenging the sale deed executed by the mother in the year 1967 stating that she is having one half right over the property and the mother has no right to sell the property either in a representative capacity or otherwise for and on behalf of the minor plaintiff.