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2025 Supreme(Ker) 2945

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
Rahila beevi, w/o. Mohammed basheer – Appellant
Versus
A.Mohammed Basheer, S/O.Abdul Rahim – Respondent


Advocates Appeared:
For the Appellant : SRI.R.T.PRADEEP SRI.SAIJO HASSAN
For the Respondent: SMT.ANUROOPA JAYADEVAN SHRI.B.SURESH KUMAR

Table of Content
1. property purchase and respective contributions (Para 1 , 2 , 3)
2. trial court's hold on petition maintainability (Para 4 , 5)
3. evaluating evidence on property claim (Para 6 , 10 , 15)
4. admissions in evidence affecting burden of proof (Para 7 , 8 , 9 , 12 , 13)
5. contradiction of sale deed provisions (Para 14 , 17)
6. declaration of joint ownership and injunction (Para 16 , 18)

JUDGMENT :

P. Krishna Kumar. J

1. The appellant filed a petition before the Family Court, Kollam, seeking declaration of her right over 8 cents of land and the two-storied building standing thereon, and a consequential injunction restraining the respondent, her husband, from interfering with her possession. The Family Court, by the order impugned in this appeal, rejected her claim.

2. The parties shall hereinafter be referred to as they were arrayed in the original petition. The petitioner was married to the respondent on 09.06.1974. According to her, the respondent hailed from a very poor family, whereas she came from affluent circumstances. The respondent began his career as a bus conductor, subsequently joined the Police Department as a Sub-Inspector, and retired as a Deputy Superintendent

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