Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
Beena,w/o.gopalakrishnan – Appellant
Versus
Rema D/o.sekharan – Respondent
| Table of Content |
|---|
| 1. dispute over property ownership (Para 1) |
| 2. nature of the property (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10) |
| 3. trial court's findings (Para 9) |
| 4. first appellate court's findings (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. restoration of trial court's judgment (Para 31) |
JUDGMENT :
1. These two Regular Second Appeals arise from two suits - O.S.No.349/2005 & O.S.No.220/2006, which are disposed of by a common judgment by the Trial Court, and hence these Appeals are disposed of by a common judgment.
3. O.S.No.220/2006 is filed by the plaintiffs who are the seven children of Shekharan and Kallu. The defendants therein are wife and husband, of whom the 1 st defendant purchased the Plaint Schedule property from Kallu as per Ext.B2 Sale Deed.
5. The first suit is O.S. No. 349/2005. The said suit was filed seeking a mandatory injunction on the strength of the title of the plaintiff therein as per Ext.B2 Sale Deed, directing the defendants therein to surrender the plaint schedule property.
7. In both suits, the legality of the Ext.B2 Sale Deed was the main question.
9. The Trial Court decreed O.S.No. 349/2005 granting a ma
The court affirmed that a Purchase Certificate under the Kerala Land Reforms Act is conclusive proof of title, and the plaintiffs' claim was time-barred due to their prior knowledge of the sale deed.
(1) Purchase certificate obtained by one of co-owners of property, same shall be held as one obtained for all co-owners.(2) Second appeal – Substantial question of law on which a second appeal shall ....
The main legal point established in the judgment is that a purchase certificate obtained by one co-owner shall enure to the benefit of all co-owners, as provided under S.72K of the Kerala Land Reform....
When a certificate of purchase is obtained by one co-owner, the benefit automatically enures to the benefit of others once it is established by evidence that the same was obtained by one co-owner.
Civil courts lack jurisdiction to invalidate a purchase certificate issued under the Kerala Land Reforms Act if due process is followed.
Point of law : non-delivery of possession by the plaintiff to the defendant does not by itself or other facts cumulatively pointed out by the plaintiff, would lead to the conclusion that the transact....
The validity and consequences of a sale deed, including the transfer of title and possession, must be raised and challenged within the statutory time limit to be considered valid.
The burden of proof rests on the plaintiff to demonstrate ownership through valid sale documents, emphasizing the execution date over registration date for property law.
The stipulations in a settlement deed do not confer absolute rights to a transferee, rendering subsequent sale deeds void if executed without such rights.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
