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1957 Supreme(Ker) 87

SANKARAN, T.K.JOSEPH
Chacko Joseph – Appellant
Versus
Varghese Markose – Respondent


Judgment :-

1. This appeal arises out of a suit for compensation for the loss alleged to have been sustained by the plaintiff as a consequence of the fraudulent misrepresentation made by the defendant for inducing him to accept the sale deed Ext. D dated 19.10.1123. Under this document, the A schedule property was conveyed to the plaintiff by defendants 1 to 4 for a consideration of I. Rs. 12771 Chuckrums 26 cash 8 (S. Rs. 13,000). The property thus conveyed was specified as lying within the well defined boundaries mentioned in the document. The extent of the property also was given as 12 acres and 81 cents. A special indemnity clause was also inserted in the sale deed and it was to the effect that if the property is seen to be subject to any prior encumbrance, the same would be cleared by the vendors themselves and in case of their failure to do so, the vendee will be entitled to recover the consequent loss that may be sustained by the vendee from the 1st defendant and also as a charge on the B schedule property. It transpired later on that 64 cents comprised in Sy. No.1011/3D and 1 acre 86 cents comprised in Sy. No. 1011/2 forming portions of the property covered by the sale deed




























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