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1992 Supreme(Ker) 352

MANOHARAN
Narayanan Moopil – Appellant
Versus
Narayanan Prabhakaran – Respondent


Judgment :-

Plaintiff is the appellant. Plaintiff instituted the suit for setting aside Ext.A1 the original of which is Ext.B6 sale deed, and also Ext.A2 the original of which is Ext.Bl? Sale deed, and for consequential reliefs. Trial court dismissed the suit. Plaintiff preferred A.S.46 of 1986 before the lower appellate court which also was dismissed.

2. Plaintiff had 7 cents and 125 Sq. links of land in an important place in Quilon town. There was a bunk shop in the said property in which the first defendant who is the nephew of the plaintiff was conducting business. Plain-tiff had raised a loan hypothecating the said property to the Urban Co-operative Bank. He had made part payments. According to the plaintiff, the first defendant undertook to discharge the balance amount on the plaintiff executing a hypothecation with respect to the plaint schedule property (which is half a cent in the said 7 cents and 125 Sq.links) in favour of the first defendant and the first defendant agreed to surrender possession of the bunk and to construct a new bunk in the plaint schedule property. Plaintiff further alleged that, pursuant to the same he had to execute Ext.B6 on the representation by def











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