14.In the instant case, the Suit is for the relief of possession and the Court, after admission of the Settlement Deed by the defendants, ought not to have ventured into the issue of title. If at all the Settlement Deed - Ex.A4 was obtained by fraud, coercion and undue influence, duty is cast upon the defendants first to prove that it was obtained by fraud and however, there is no specific pleading with regard to the fraud and undue influence and no oral and documentary evidence produced towards the same. In that event, the Courts below ought to have gone on the basis of the registered Settlement Deed, which is admitted by the parties. Therefore, the judgment and the decree passed by the Courts below is contrary to the rationale laid down by the Hon'ble Supreme Court. Hence, the concurrent findings that the Suit property is an ancestral property, in respect of the parties, who are Christians is erroneous. Further, it is categorically admitted by the defendants that the property was conveyed by the senior paternal uncle to his brother, namely, the father of the parties and the father had executed the Settlement Deed in favour of the plaintiff, the issue of ancestral property even if it applies to the Christians, will not arise.
