In a second appeal challenging settlement deeds executed by a father in favour of his daughters, the court held that medical evidence was insufficient to prove mental incapacity.
Second Appeal and pending Interlocutory Applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934
RSA.NO. 876 OF 2012 ()
AS.16/2009 OF ADDITIONAL SUB COURT, KOTTAYAM OS.52/2002 OF MUNSIFF COURT, CHANGANACHERRY
APPELLANT/APPELLANT/PLAINTIFF:
RAJENDRA PRASAD KUNNUMPURATHU HOUSE VAZHAPPALLY EAST KARA VAZHAPPALLY VILLAGE CHANGANACHERRY TALUK
BY ADV. SRI.G.UNNIKRISHNAN
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1. KAMALAMMAL
KUNNUMPURATHU HOUSE VAZHAPPALLY EAST KARA
2. GEETHAMANI -DO- -DO-
3. RAMESH BABU -D0--DO
R.S.A. No.876 of 2012
4. DHANALAKSHMI SIVASADHANAM KUTHIATHODU P.O
KODAMTHURUTHU MURI KODAMTHURUTHU VILLAGE CHERTHALA TALUK 688 533
5. GIRIJAMONI RAMESH BHAVAN THODUPUZHA EAST P.O
KANJIRAMATTOM VILLAGE THODUPUZHA TALUK 685 584
6. HEMALATHA VENU NIVAS KOMANA MURI AMBALAPUZHA VILLAGE
AMBALAPUZHA TALUK 688 501
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 02-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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R.S.A. No.876 of 2012
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Dated this the 02nd day of August, 2012
J U D G M E N T
Plaintiff in O.S. No.52 of 2002 of the court of learned Munsiff, Changanacherry sought to set aside Exts.A4 to A6, settlement deeds executed by his father, the late Velayudhan Achary on 28.07.2001 and registered on 10.08.2001 in favour of respondents 2, 4 and 5, daughters of the said Velayudhan Achary and prayed for a decree for prohibitory injunction against the respondents trespassing into the suit property. Learned Munsiff dismissed the suit which the learned Additional Sub Judge, Kottayam confirmed in A.S. No.16 of 2009.
R.S.A. No.876 of 2012
-: 2 :-
attacked as vitiated by undue influence, coercion and mental incapacity of the late Velayudhan Achary to execute the said documents.
R.S.A. No.876 of 2012
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disposing state of mind. Further reliance is placed on the evidence of PWs.2 and 3 who claim to have treated Velayudhan Achary and issued Ext.A10 and A11 series.
R.S.A. No.876 of 2012
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have seen the late Velayudhan Achary, last in January, 2001. He was not able to say whether Velayudhan Achary was mentally weak when he last saw him (in January, 2001). Thus the evidence of P.W2 is absolutely not sufficient to warrant the conclusion that at the time of execution of Exts.A4 to A6, the late Velayudhan Achary was not having sound disposing state of mind.
R.S.A. No.876 of 2012
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to A6 were executed on 28.07.2001 and registered on 10.08.2001) he had asked the late Velayudhan Achary as to why he did not do as stated earlier (giving the property to the appellant). Then, Velayudhan Achary replied to P.W4 that it happened so.
R.S.A. No.876 of 2012
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having sound disposing state of mind at the time Exts.A4 to A6 were executed, but also show that immediately before and even after Exts.A4 to A6, he was having that sound disposing state of mind.
R.S.A. No.876 of 2012
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question of law involved in this appeal requiring a decision by this Court.
The Second Appeal is dismissed.
All pending Interlocutory Applications will stand dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether the settlement deeds executed in favour of daughters were vitiated by undue influence, coercion, or mental incapacity.
Whether the evidence sufficiently showed that the father lacked sound disposing state of mind at the time of execution.
RAJENDRA PRASAD KUNNUMPURATHU
KAMALAMMAL
GEETHAMANI
RAMESH BABU
DHANALAKSHMI SIVASADHANAM
GIRIJAMONI
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
