High Court of KeralaSingle JudgeAppeal dismissed

Suja Stanley @ Vally v. Karthu and others

Case / Petition Number:RSA No. 552 of 2014 (G)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. Bhavadasan
Judgment Date
2014-06-27
Court Decision / Holding
There is no merit in this appeal and it is only to be dismissed. The Regular Second Appeal is dismissed.
Final Disposition
Appeal dismissed

Parties to the Case

Appellants / Petitioners

  • Suja Stanley @ Vally

Respondents

  • Karthu
  • Rama
  • Thankamma @ Kalikkutty
  • Murukesan
  • Rajan
  • Ambika
  • Sunitha
  • Prathapan

Legal Representation & Advocates

Counsels for Petitioners

  • • Mereena J. Joseph

Case Synopsis & Summary

The suit for partition was filed on two grounds. First, that kudikidappu rights in the property belonged to Kurumba and, by virtue of the rights’ association with the family, enured to the benefit of all members including the plaintiffs. The second ground alleged that even assuming Kurumba owned the property, the gift deed No.3994/1995 executed in favour of one of her daughters was vitiated by undue influence, coercion, or other infirmities. The trial court and the first appellate court held that the kudikidappu rights were acquired by Kurumba herself and that the purchase certificate obtained by her could enure to her benefit only, not to the entire family. They also found the alleged vitiating elements in the gift deed not established by acceptable evidence, maintaining that the burden lay on the party asserting them. On appeal, the appellant contended that the family had a beneficial interest in the kudikidappu property and that the gift deed was obtained in a fiduciary relationship under undue influence. The High Court accepted the general proposition that fiduciary relationships can shift the burden of proof, but determined that the evidence did not establish coercion or undue influence, nor that the gift deed diminished the plaintiffs’ rights to warrant partition. Consequently, both the trial and appellate courts’ findings were affirmed and the Regular Second Appeal was dismissed, preserving the status quo of ownership and excluding partition.

Provisions of Law Cited

Order VI Rule 4, Code of Civil Procedure, 1908 (CPC)

Legal Doctrines & Maxims

  • Fiduciary relationship doctrine
  • Burden of proof in fiduciary relationships
  • Undue influence doctrine

Submissions & Arguments

Contentions of Appellants / Petitioners

Appellants contend that kudikidappu rights in the subject property vest in the family as a unit because Kurumba acquired the rights for the benefit of all members through the purchase certificate. They assert that, even if the rights originally belonged to Kurumba alone, the family’s equitable interest cannot be ignored and partition should be allowed. They challenge the finding that the purchase certificate enured to Kurumba’s sole benefit, arguing that it was obtained for the benefit of the family as a whole. They further contend that the gift deed No.3994/1995, executed by Kurumba in favour of her daughter, was vitiated by undue influence and coercion in a fiduciary setting, and that the burden should shift to the beneficiary to prove its validity. They rely on Krishna Mohan Kul v. Pratima Maity to support the proposition that the presence of fiduciary relations triggers a heavier duty on the grantee to demonstrate that the document is not tainted by fraud or misrepresentation. They argue the trial court’s strict demands overlooked the real relationship and the reliable evidence of trust, loyalty and dependency between the grantor and grantee, and that a partition consistent with family equity should be ordered.

Contentions of Respondents

Respondents submit that Kurumba acquired kudikidappu rights in her own right, and the rights did not vest in the entire family. The courts below rightly held that the purchase certificate enured to her benefit only, and there is no credible proof that the family had an interest in the property for purposes of partition. They contend that, even if a fiduciary relationship existed, the evidence does not establish coercion or undue influence in the gift deed; mere allegations without tangible proof cannot shift the burden of demonstrating validity to the opposite party. They point out that Kurumba, not the appellants, executed the gift deed in 1995 and that there were subsequent dealings in the property by the first defendant without objection by the plaintiffs for many years. The respondents maintain that the record shows openness of transactions and awareness by the plaintiffs, negating claims of concealment or fraud. In short, the pleas are unfounded; the decision of the trial court and the appellate court should be sustained and the Regular Second Appeal dismissed.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Krishna Mohan Kul v. Pratima Maity(2004) 9 SCC 468Mentioned OnlyCourt cites the case to illustrate the proposition that, in fiduciary relationships, the burden may shift to the beneficiary, but ultimately relies on its own assessment of evidence; the decision does not rest on this case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 27TH DAY OF JUNE 2014/6TH ASHADHA, 1936` RSA.No. 552 of 2014 (G) ---------------------------------- AGAINST THE JUDGMENT IN AS No. 130/2010 of ADDL. DISTRICT COURT, NORTH PARAVUR, DATED 17-02-2014 AGAINST THE JUDGMENT IN OS No. 1/2008 of MUNSIFF COURT, NORTH PARAVUR, DATED 28-07-2010 APPELLANT/1ST APPELLANT/1ST PLAINTIFF: - --------------------------------------------------------------------- SUJA STANLEY @ VALLY, (D/O.KARTHU, MEPPIRIKUNNU VEETTIL, ANTHOLIPALLAM ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK), W/O.STANLEY, AGED 45 YEARS, ANTHIKKATTIL HOUSE, ELOOR EAST KARA, ELOOR. BY ADV. SMT.MEREENA J. JOSEPH RESPONDENTS/RESPONDENTS & 2ND APPELLANT/DEFENDANTS/2[nd] PLAINTIFF: ---------------------------------------------------------------------------------------------------------------------- 1. KARTHU, AGED 60 YEARS, D/O.LATE KURUMBA, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, PIN - 683 513. 2. RAMA, AGED 39 YEARS, D/O.KARTHU, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, PIN - 683 513. 3. THANKAMMA @ KALIKKUTTY, AGED 67 YEARS, D/O.LATE KURUMBA, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, NOW RESIDING AT THUNDIPPARAMBIL, KUTTIKKATTUKARA, ELOOR- 683 513 RSA.No. 552 of 2014 (G) ---------------------------------- 4. MURUKESAN, AGED 45 YEARS, S/O.KALIKKUTTY, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, NOW RESIDING AT THUNDIPPARAMBIL, KUTTIKKATTUKARA, ELOOR- 683 513. 5. RAJAN, S/O.KALIKKUTTY, AGED 42 YEARS, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, NOW RESIDING AT THUNDIPPARAMBIL, KUTTIKKATTUKARA, ELOOR- 683 513. 6. AMBIKA, D/O.KALIKKUTTY, AGED 38 YEARS, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, NOW RESIDING AT THUNDIPPARAMBIL, KUTTIKKATTUKARA, ELOOR- 683 513. 7. SUNITHA, D/O.KALIKKUTTY, AGED 34 YEARS, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK, NOW RESIDING AT THUNDIPPARAMBIL, KUTTIKKATTUKARA, ELOOR- 683 513. 8. PRATHAPAN, S/O.KARTHU, AGED 41 YEARS, MEPPIRIKKUNNU VEETTIL, ANTHOLIPALLAM, ELOOR KIZHAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK. 683 513. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 27-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DMR/- ## **P. BHAVADASAN, J.** - - - - - - - - - - - - - - - - - - - - - - R.S.A. No. 552 of 2014 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27[th] day of June, 2014. ## **JUDGMENT** The defeated plaintiffs are the appellants. The suit for partition was laid on two grounds. The first among them was that the property belonged to Kurumba in respect of which she obtained kudikidappu rights which enure to the members of the entire family including the plaintiffs. The other ground was that even assuming that the property exclusively belonged to Kurumba, the gift deed in favour of one of her daughters is vitiated by undue influence, coercion etc. 2. The defendants resisted the suit. Issues were raised and parties went to trial. The evidence consists of the testimony of P.Ws.1 and 2 and documents marked as Exts.A1 to A3 from the side of the plaintiffs. The defendants had D.W.1 examined and Exts.B1 to B9 marked. Exts.C1 and C1(a) RSA.552/2014. 2 are the commission report and rough sketch. 3. Both the courts below on an independent evaluation of the evidence found that the claim made that the kudikidappu enures to the members of the family cannot be sustained in view of the fact that admittedly the kudikidappu rights were acquired by Kurumba and therefore the purchase certificate obtained by her can enure to her benefit only. As regards the second claim made regarding the vitiating elements of the gift deed, both the courts below found that those aspects were not established by acceptable evidence and that allegation cannot stand. The trial court dismissed the suit which was confirmed in appeal. 4. Learned counsel also contended that the courts below have erred both on facts and in law in dismissing the appeal. It is contended that the purchase certificate obtained by Kurumba was for and on behalf of the family and it will enure to the members of the family. They are co-owners in RSA.552/2014. 3 respect of the kudikidappu property. It was not proper on the part of the court below to come to the conclusion that purchase certificate exclusively enures to the benefit of Kurumba. Even assuming that kudikidappu rights exclusively belonged to Kurumba, the gift deed No.3994/1995, alleged to have been executed by Kurumba is vitiated by undue influence and fraud. According to the learned counsel, the courts below were unjustified in throwing the burden on the plaintiffs when it is evident that the first defendant occupied a fiduciary position and under such circumstances, the burden was on the defendants to show that the document is not vitiated. For the above proposition, learned counsel relied on the decision reported in Krishna Mohan Kul v. Pratima Maity ((2004) 9 SCC 468). 5. Both the courts below found that the kudikidappu right was acquired by Kurumba and there is nothing to show that she acquired the purchase certificate for RSA.552/2014. 4 and on behalf of the family. It is not a case of inheritance by Kurumba, but it was an acquisition on her own of the rights of Kudikidappu. Under such circumstances, the kudikidappu right exclusively belonged to her and the courts below were justified in coming to the conclusion that the purchase certificate enures to her benefit only. There is nothing to interfere with the said finding. 6. Both the courts below have found that there is absolute want of evidence to show that the gift deed is vitiated by undue influence and fraud. It must be remembered that Order VI Rule 4 of the Code of Civil Procedure, the particulars will have to be pleaded and the burden is on the person concerned to establish the vitiating elements. However, in the decision cited by the learned counsel for the appellant, it has been observed that when the beneficiary stands in a fiduciary relationship, the burden shifts and it is for that person to establish that the document is not vitiated RSA.552/2014. 5 by fraud and misrepresentation. 7. Even assuming that it is so, mere allegation by itself is not sufficient to shift the burden. It has to be shown that the beneficiary was in the active confidence and the grantor had reposed complete faith and that has been misused by the grantee to gain benefit for herself. 8. In the case on hand, the grantee who is none other than the daughter of the grantor was looking after the grantor. There is a contention raised on behalf of the appellant that till she got married, she was looking after the grantor for which there is no proof at all except the interested testimony of the plaintiff. At any rate, it is evident that the first defendant was looking after her affairs. It is to be noticed that the vitiating element is undue influence and not influence. Undue influence means a person in a fiduciary relationship uses force or coercion to gain benefit out of the transaction. There is nothing to show that there is coercion or undue RSA.552/2014. 6 influence on her mother by the first defendant to execute the deed. 9. Further the gift was of the year 1995 and there have been several transactions in respect of the property by the first defendant like alienation etc., to which no objection was taken by the plaintiffs at all. They say that they were unaware of the transaction. Of course, it is thirteen years prior to the laying of the suit that the first defendant had executed gift deed in favour of her daughter. It is therefore evident that the first defendant was dealing with the property openly indicating that she had absolute rights to the property to which no objection was taken by the plaintiffs till the laying of the suit. No right accrued to the plaintiffs to seek partition. The finding of the courts below do not suffer from any illegality, irregularity or impropriety warranting interfering in this appeal. RSA.552/2014. 7 There is no merit in this appeal and it is only to be dismissed. I do so. P. BHAVADASAN, JUDGE sb.