2007 (8) TMI 834

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....u, J. 1. These appeals have been filed against the judgment of the Kerala High Court dated 27.5.1999 in Second Appeal No. 960 of 1989. That Second Appeal arose out of a suit being O.S. No. 431 of 1983 filed by the present appellant Chacko and his wife Annakutty against the defendant Mahadevan. The defendant in that suit Mahadevan in his turn filed suit O.S. 437 of 1983 against Chacko and Annaku....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d dated 11.7.1983 Ext.A3. The suit O.S.431 of 1983 was filed by Chacko and Annakutty seeking to set aside that sale deed dated 11.7.1983, Ext.A3, on the ground that it was vitiated by fraud and was hence null and void and for a prohibitory injunction restraining Mahadevan from entering into that property. The averment in the plaint was that Chacko was given liquor by Mahadevan and others and under....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ich was allowed by the impugned judgment. 6. It may be mentioned that in a First Appeal filed under Section 96 CPC, the appellate court can go into questions of fact, whereas in a Second Appeal filed under Section 100 CPC the High Court cannot interfere with the findings of fact of the First Appellate Court, and it is confined only to questions of law. Hence we have to see the judgment of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ko was not of sound mind at least at the time when he executed the sale deed dated 11.7.1983. If one cent of land costs Rs. 18000 then three cents of land should ordinarily cost Rs. 54000. No one in his senses would sell property worth Rs. 54000 for Rs. 1000. According to the well known Latin maxim 'res ipsa loquitur' i.e. the matter speaks for itself. Hence it is obvious that Chacko sold ....