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2025 Supreme(Ker) 2299

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Shajil Thundikandy S/o Raghavan – Appellant
Versus
Kottayi Ajitha W/o Ashokan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Sreekumar, T.P. Sajid, K.S. Haseena, K.P. Mohamed Shafi, K.K. Nesna, K. Reeha Khader
For the Respondents: S.V. Balakrishna Iyer, P.B. Subramanyan, P.B. Krishnan, P.M. Neelakandan, Sabu George

JUDGMENT :

EASWARAN S., J.

1. Defendants 3 and 4 in a suit for declaration, cancellation of document and consequential injunction, have come up before this court aggrieved by the reversal of the Judgment and decree of the Sub Court, Sulthanbathery, in O.S No.216/2010, dismissing the suit.

2. As per the plaint averments, the plaintiff is in possession of the plaint schedule property having an extent of 4 Acres of land comprised in Re Survey No.338, Periya Village in Mananthavady Taluk. The plaint schedule property standing as a single holding was derived by the plaintiff by virtue of Sale Deed No.1110/2004 of Sub Registrar Office, Mananthavady. The 2nd defendant, who is the husband of the elder sister of the plaintiff, had certain financial transactions, had approached the 1st defendant for a sale of land for a sum of Rs.10,50,000/-. During the first week of April 2009, defendants 1 and 2 approached the plaintiff and informed that the 2nd defendant, who came into agreement with the 1st defendant for a sale of 2nd defendant’s property having 1 Acres 74 Cents for a total consideration of 10,50,000/-, and out of which the 2nd defendant received a sum of Rs.7,00,000/- from the 1st defendan

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