- (1.) Leave granted.
(2.) Appellant is the plaintiff in Original Suit No. 36 of 2000 filed in the Court of Munsiff, Kasargod. Defendant-respondent is her younger brother.
(3.) Subject matter of the suit was a deed of sale dated 7th October, 1999 executed by her in favour of the respondent. The amount of consideration was shown therein to be a sum of Rs. 20,000/-. Contention of the appellant in the said suit was that the said deed of sale is vitiated by misrepresentation, undue influence, fraud and collusion as she was made to believe that she would obtain financial assistance by executing the said document. According to her, she had reposed complete faith and trust in her brother who used to visit her place often. It was also her contention that when her husband was in bed due to prolonged illness, she was taken away from her house and made to sign some documents. According to her she came to know with regard to execution of the aforementioned deed of sale when some officers of the bank visited the suit land to take measurement thereof. Respondent in his written statement however stated that the deed of sale was executed voluntarily by the appellant upon receiving the amount of consideration.;