R.KANAGA Vs. K.RAJAGOPAL

JUDGEMENT

(1.) The plaintiffs 5 to 9 in O.S.No.448 of 2002 on the file of the Principal Sub Court, Tirunelveli, who failed in their attempt to get a declaration that the sale deed dated 05.06.1996 executed by the deceased first plaintiff is null and void before the Courts below are the appellants.

(2.) The suit was filed by the deceased first plaintiff and her children questioning the sale deed dated 05.06.1996 executed by the first plaintiff in favour of the defendant (one of her sons) on the ground that it is vitiated by fraud and undue influence. The sale deed is dated 05.06.1996 and the suit came to be filed in the year 2002. According to the plaintiff the sale deed was obtained by the fraud and undue influence.

(3.) The defendant resisted the suit contending that the sale deed was executed for valid consideration by the deceased first plaintiff and the suit itself has been brought about at the instance of the brothers and sisters.