SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Ker) 88

S.S.SATHEESACHANDRAN
Thomas Mathew @ Thampikunju – Appellant
Versus
Vachi Yesudasan – Respondent


Advocates Appeared:
For the Appellants:P.R. Venketesh, P.R. Raja, Advocates.
For the Respondents:R4, K. Balachandran (Mangalath), Rajesh Nair, Bijoy Chandran, Advocates.

Judgment :

1. Defendants 2 and 3 in O.S.28 of 1987 of the Sub Court, Kottayam are the appellants. Suit was one for recovery of possession on title, with claim for mesne profits. Suit was decreed in favour of plaintiff, and aggrieved, defendants 2 and 3 have preferred this appeal.

2. Plaint property having an extent of 2 acres 81.288 cents formed part of 6 acres 50 cents belonging to one Dr.P.V. Cherian and his two brothers. On partition effected by the brothers plaint property was allotted to the share of Dr.P.V.Cherian. Sole plaintiff in the suit was the widow of Dr.P.V.Cherian, who had passed away in 1969. Defendants 5 to 9 are the children of plaintiff and Dr.P.V. Cheriyan, and suit was filed on behalf of them also. Case of plaintiff in brief was that the plaint property while lying as a waste land had been looked after by first defendant, predecessor of present appellants, even before her husband obtained that property as his separate share. The first defendant offered to purchase the plaint property from her husband sending advance amount towards the purchase price. However, sale was not completed and first defendant did not pay the balance amount. Defendants 1 to 3 have put up






















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top