IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 AS.No. 316 of 1996(A) --------------------- OS.38/1993 of SUB COURT, TIRUR .................... APPELLANT/PLAINTIFFS: ----------- 1. AKKARAYINMEL AND KULANGARA THODIYIL ALAVI MOLLA'S CHILDREN - PATHUMMAKUTTY UMMA, THOZHUVANUR AMSOM AND DESOM, TIRUR TALUK. 2. KADIYAKUTTY UMMA, RESIDING AT -DO- -DO- APPELLANTS BY POWER OF ATTORNEY HOLDER PARAKUNNATH MAYIN KUTTY'S SON KUNHAHAMMAD BY ADV. SRI.T.KRISHNANUNNI RESPONDENTS/DEFENDANTS: ------------- 1. AKKARAYINMEL AND KULANGARA THODIYIL ALAVI MOLLA'S CHILDREN - MUHAMMED, RESIDING AT THOZHUVANOOR AMSOM AND DESOM, TIRUR TALUK. 2. SAARAMU UMMA, RESIDING AT THOZHUVANUR AMSOM AND DESOM, TIRUR TALUK. 3. MARIYAMMA, -DO- -DO- 4. AMINA UMMA, -DO- -DO- 5. AYISUMMA, RESIDING AT ATHAVANAD AMSOM AND DESOM, TIRUR TALUK. 6. CHERUPARAMBIL ALIYAMMU'S SON ALIYAMUTTY, RESIDING AT THOZHUVANUR AMSOM AND DESOM, TIRUR TALUK. 7. KADIYUMMA, W/O.MUHAMMED AND DAUGHTER OF THAYIL MOIDEEN KUTTY HAJI, RESIDING AT -DO- -DO- 8. CHENGANAKKATTIL ENTHEEENKUTTY'S SON MUHAMMEDKUTTY, RESIDING AT -DO- -DO- AS NO.316/1996 2 9. KAKKIDIPARAMBATH SAIDALI'S DAUGHTER PATHUMMAKUTTY UMMA, -DO- -DO- 10. AKKIRAMAN NAMBOODIRI'S DAUGHTER PAAKKATHUMANA JAYANTHI ANTHARJANAM, RESIDING AT KURUMBATHUR AMSOM KOODASSERY DESOM IN TIRUR TALUK. 11. VADAKKEKARA PONNAN'S SON PONNAN, RESIDING AT THOZHUVANUR AMSOM AND DESOM, TIRUR TALUK. 12. PARAMMAL BHATTI ALIAS BHADI ALIAS, PAKKATHMANAKKAL NEELAKANDAN NAMBOODIRI'S WIFE AND THAZHAMPURAM MANAKKAL RAMAN NAMBOODIRI'S DAUGHTER DEVI ALIA DEVAKI ANTHARJANAM, RESIDING AT KURUMBATHUR AMSOM AND KOODASSERI DESOM IN TIRUR TALUK. R1, R4, R8, R9 AND R11 BY ADV. SRI.A.P.CHANDRASEKHARAN,PRABHA R.MENON THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- A.S.No.316 of 1996 ------------------------------------------------- Dated, this the 25th day of January, 2008 JUDGMENT The plaintiffs in O.S.No.38/1993 on the file of the Sub Court, Tirur are the appellants. Appellants filed a suit for partition ignoring certain alienations made by their father on the ground that those documents are shabby documents. The suit was resisted by other defendants contending that the properties were validly assigned and after getting the assignment the defendants assigned the property to various other persons. Evidence adduced in this case shows that the property originally belonged to Alavi Molla who assigned the same under two documents. Subsequently he cancelled those documents on the ground that those documents were sham . The settled law is that when there is a valid assignment the same cannot be cancelled. The trial court found that the assignments were valid. That is a finding of fact based on good evidence. I do not find any reason to admit this appeal. So the appeal is only to be dismissed in limine In the result, appeal is dismissed in limine. K. PADMANABHAN NAIR, JUDGE. cks 2 K.PADMANABHAN NAIR, J. A.S.No.316 of 1996 JUDGMENT 25th January, 2008.