M. N. Saji, S/o. Narayanan Nair vs K. R. Krishnakumar, S/o. Ramakrishnan Nair

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ker) 656

A. BADHARUDEEN
M. N. Saji, S/o. Narayanan Nair – Appellant
Versus
K. R. Krishnakumar, S/o. Ramakrishnan Nair – Respondent

Advocates Appeared:
For the Appellant : P.B. Krishnan, P.B. Subramanyan, Sabu George, Manu Vyasan Peter.
For the Respondent: Luke J. Chirayil, M.G. Sreejith.

JUDGMENT :

This second appeal has been filed under Section 100 and Order XLII Rule 1 of the Code of Civil Procedure (for short, ‘the C.P.C.’ hereinafter) and the appellant is the defendant in O.S.No.21/2014 on the files of the Principal Sub Judge, Kottayam and the appellant in A.S.No.32/2019 on the files of the Additional District Court-II, Kottayam. The appellant impugns decree and judgment in O.S.No.21/2014, dated 7.12.2017 and decree and judgment in A.S.No.32/2019, dated 19.11.2021.

2. Heard the learned counsel for the appellant as well as the learned counsel appearing for the respondent.

3. For convenience, I shall refer the parties as ‘plaintiff’ and ‘defendant’.

4. This appeal has been admitted, raising the following substantial question of law :

(1) Whether the defendant/s in a suit can succeed the case without support of pleadings in the written statement?

5. Facts of the case:

The specific case of the plaintiff before the trial court was that, on 23.1.2022, an agreement was entered into between the plaintiff and the defendant and accordingly, the defendant agreed to sell his half right in the property, having an extent of 3.55 Ares of property, for a total of Rs.14,50,000/-(Rupee