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2012 Supreme(Ker) 1076

P.BHAVADASAN
Biju Paul – Appellant
Versus
Nedungadi Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant :R.D. Shenoi (Sr. Advocate) & S. Vinod Bhat
For the Respondent: K.P. Balasubramanyan

JUDGMENT :

The plaintiffs, who had their suit dismissed by the lower court, are the appellants.

2. Plaint item Nos.1 and 2 were obtained by the plaintiffs as per Exts.A1 and A2 dated 24.6.1993. The plaintiffs have ever been in possession and enjoyment of the property from the said date. The second defendant had availed of a loan of Rs.10,00,000/- from Federal Bank, Ernakulam after mortgaging the plaint schedule property in March, 1989. Defendants 2 and 3 executed a mortgage in favour of the said Bank. Since the debt remained undischarged, the Bank initiated proceedings and instituted O.S.231 of 1992 before the Sub Court, North Parur. In order to discharge the debt, defendants 2 and 3 approached the father of the first plaintiff and the plaintiffs had purchased the plaint schedule property. The amount due to the Bank was paid and the defendants had obtained the original assignment deeds namely, Exts. A3 and A3(a) which were handed over to the plaintiffs. After Exts.A1 and A2, the plaintiffs have effected considerable improvements in the plaint schedule property and they are residing in plaint item No.2 house. The plaintiffs became aware of the fact that defendants 2 and 3 had forged t



















































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