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2018 Supreme(Ker) 766

K.HARILAL, ANNIE JOHN
MINI JAMES W/O. JAMES – Appellant
Versus
T. I. GOERGE S/O. ITTEERAH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.C.Charles Sri.M.Poly Mathai
For the Respondent: Sri.S.Sreekumar (Sr.) Sri.P.Martin Jose Sri.P.Prijith Sri.Thomas P.Kuruvilla

JUDGMENT :

ANNIE JOHN, J.

1. This appeal is preferred against the order dated 18.3.2016 in I.O.P.1/2015 on the file of the Sub Court, Ernakulam. The appellant herein is the plaintiff in the above I.O.P. The parties are referred to as in the IOP.

2. The appellant filed a suit for declaring her title over the suit properties and for declaring that the document Nos.1378/2013 and 2925/2013 of SRO, Thrikkakara, executed in the name of respondents 2 and 3, are nominal documents, which were given as security for the loans advanced to the appellant by the first respondent. The suit was valued at Rs.75,00,000/-and the court fee fixed was Rs.7,78,192/-. It is the case of the appellant that she has insufficient means to pay the court fee, as her only asset is the suit property and the movables listed in I.O.P.

3. The appellant was examined as PW1 and the respondent as RW1. Exts.B1 to B4 were marked. Appellant has deposed that she has no job or income of her own and her only property is the suit property. While appellant was in the box she has admitted that she has received Rs.42,00,000/-, as the sale consideration from the respondents. The learned counsel for the appellant has argued that the fir
























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