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2018 Supreme(Ker) 568

A.HARIPRASAD
Subramanian – Appellant
Versus
Vijayan – Respondent


Advocates Appeared:
For the Appellant : K G Balasubramanian & V. Biju Joseph Advs.
For the Respondent: Vijayan (Party in Person) & H Badaruddin & Jacob Sebastian Advs.

JUDGMENT :

A. Hariprasad, J.

1. What are the essentials for claiming a charge on the seller's interest in the property under Section 55(6)(b) of the Transfer of Property Act, 1882 (in short, the T.P. Act) is the precise legal question emerging for determination. Defendants 2 to 5 in a suit for specific performance of Ext.A1 agreement, purported to have been executed between the plaintiff and 1st defendant to assign immovable property, are in appeal against the decree passed by the court below. They are discontented by the direction in the decree to create a charge on the land shown in the plaint schedule, because they had purchased it from the 1st defendant before institution of the suit.

2. Pending appeal, the 1st defendant died. His legal heirs are impleaded as additional respondents 3 to 7.

3. Heard the learned counsel for the appellants, 1st respondent and additional respondents 3 to 7.

4. Facts relevant for disposal of the case, stated briefly, are as follows:

The 1st respondent (plaintiff) and 1st defendant were acquaintances. They had some financial dealings earlier. 1st defendant demanded a loan from the plaintiff for his business purpose. 1st defendant agreed to sell the plaint


























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