C HAMZA Vs. AMINA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree in O. S. No. 3 of 1992 of the Sub Court, Sulthanbathery. The suit is one for cancellation of a settlement deed No. 1656 of 1991 and for a permanent prohibitory injunction. It is the case of the plaintiffs that plaintiffs and defendants are the children of one Hassan. The said Hassan died on 18. 11. 1991. According to the plaintiffs, when Mr. Hassan was suffering from diabetics, blood pressure and loss of memory under the pretext of taking him to a hospital, defendants took him to a lodge, then to the Sub Registrar's office and got the document executed and therefore the said document is vitiated by fraud, coercion, and undue influence. It is also contended that the said document has not come into effect for the reason that possession had not been handed over.

(2.) ON the other hand, defendants would contend that the averment in the plaint regarding the mental capacity as well as the plea of fraud, undue influence are incorrect and the suit is liable to be dismissed. It is further contended that the suit is filed only as a counter blast to O. S. No. 16/1992.

(3.) IN the lower court, Pws 1 to 5 and DW1 were examined. Exts. A1 to a5 and B1 to B7 were marked. On analysis of the materials, the court below found that the plaintiffs have not succeeded in proving the ground to set aside the document and therefore dismissed the suit. It is against that decision, plaintiffs have come up in appeal.