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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Nazirudeen, S/o. Abdul Karim – Appellant
Versus
Shaji, S/o. Muhammed Abdul Khader – Respondent
| Table of Content |
|---|
| 1. background of plaintiff's loan and property transactions. (Para 2 , 3) |
| 2. defendants' claims regarding property titles. (Para 4 , 5) |
| 3. trial court's issues and evidence evaluation. (Para 6 , 7) |
| 4. document history and prior transactions. (Para 10 , 11) |
| 5. evidence admissibility concerning sham transactions. (Para 19 , 21 , 22) |
| 6. possession and payments supporting plaintiff's claims. (Para 30 , 31 , 32 , 33 , 34) |
| 7. allegations about execution of agreements. (Para 35 , 37) |
| 8. limitation period for filing suit on property titles. (Para 39 , 40 , 47) |
| 9. court's final conclusion about trial court decree. (Para 49 , 50) |
JUDGMENT :
C. PRATHEEP KUMAR, J.
The third defendant in OS No. 70 of 2012 on the file of the Sub Court, Attingal is the appellant. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court.)
2. The plaintiff filed the above suit for declaration of title and possession. The plaint schedule property consists of 30 cents of landed property and a building situated therein. The plaintiff obtained the plaint schedule property as per settlement deed No. 2192 of 1996 dated 07.06.1996, which is marked as Exhibit A1. T
A transaction can be deemed a sham if the evidence shows it was never intended to create actual legal rights, emphasizing the principle that oral evidence is admissible to dispute the nature of writt....
A mere declaration that a sale deed is null and void is ineffectual; a plaintiff must seek to set aside the deed, which must be substantiated by evidence to oppose its presumptive validity.
The appellate court must deny new evidence unless specific procedural conditions are met, ensuring fair consideration based only on original trial submissions.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
The registered sale deed carries a presumption of genuineness, and the burden of proof lies on the defendants to establish it as a sham, which they failed to do.
The court established that registered sale deeds are essential for conveying title to immovable property, and mere revenue records do not confer ownership.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
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