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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
M.A. Joseph, S/o Alexander – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. review petition filed to contest relinquishment validity. (Para 1 , 4 , 5) |
| 2. contentions on fraud in relinquishment transactions. (Para 6 , 7) |
| 3. assessment of evidence and court's stance on fraud. (Para 8 , 9) |
ORDER :
M.A.ABDUL HAKHIM, J.
1. This Review Petition is filed by the appellant in RSA No.614/2022 to review the judgment dated 08.08.2024 by which the RSA was dismissed, answering the substantial questions of law against the appellant. The Review Petitioner has filed I.A. No.1/2025, producing Annexure AIV to AXIII, seeking to accept the said documents under Order XLI Rule 27 CPC.
2. The Review Petition is opposed by the Respondent No.5/Corporation of Kochi by filing a counter affidavit.
3. I heard the learned Senior Counsel for the Review Petitioner, Sri. P. Santhalingam, instructed by Adv. Smt. Sindu Santhalingam, and the learned Senior Counsel for Respondent No.5, Sri. V.V. Sidharthan, instructed by Adv. Sri. D.G. Vipin.
4. The Review Petitioner, who was the plaintiff in a suit for declaration, is the appellant in this appeal. Declaration of title was sought with respect to the plaint B schedule property of 1 acre covered by Exts.B1 and B2 Relinquishment execut
A relinquishment executed prior to the enforcement of conservation laws remains valid, and allegations of fraud must be substantiated with clear evidence; otherwise, the order stands upheld.
The main legal point established in the judgment is the requirement to prove the valid execution of a relinquishment deed and the application of the bar of estoppel under Order 2 Rule 2 CPC.
The court emphasized the necessity of adhering to principles of natural justice, ruling that all parties must be included in property disputes to ensure fair adjudication.
A review petition is maintainable where there is fraud, suppression of material facts and developments involving the same land and that too when the property already became a property of the State.
Fraud vitiates even the most solemn transactions, and restitution is not applicable when the petitioner was guilty of fraud.
The court emphasized the obligation to assess land suitability under statutory guidelines for exclusion from paddy data.
A legal right cannot arise from an unlawful act, and a judgment, decree, or order obtained by fraud is null and void. The court can invoke its inherent powers under Articles 226 and 227 of the Consti....
The court emphasized the necessity for the authorized officer to follow statutory requirements in assessing land suitability under relevant conservation rules.
The acquisition proceedings under the Right to Fair Compensation Act lapsed due to non-payment of compensation and failure to take possession, rendering subsequent notifications void and constituting....
Fraud vitiates all solemn acts and any instrument obtained through fraud is void.
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