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A.HARIPRASAD
N. Sukumaran Nair – Appellant
Versus
Beenakumari – Respondent


Counsel for the Parties:
For the Appellant:Mr.Maurice Vincent & Mr.B.Subash, Advocates

JUDGMENT

A. Hariprasad, J.— Whether a co-owner is entitled to alienate his undivided share without acknowledging the rights of other co-owners in the sale deed? This is the substantial question of law propounded in this Second Appeal. According to the appellant, such a document is void, at the least voidable, and is liable to be cancelled under Section 31 of the Specific Relief Act, 1963.

2. Heard the learned counsel for the appellant and perused the records.

3. Facts relevant for resolution of the dispute are as follows:

Plaint schedule property, having an extent of 10 cents, was obtained in kudikidappu right by Kochukunju Pillai Neelakanta Pillai (in short, ‘Pillai’) as per a purchase certificate issued by the Land Tribunal concerned in accordance with the provisions of the Kerala Land Reforms Act, 1963. Pillai was a Hindu, governed by Hindu Succession Act, 1956. During his life time, his wife expired. In 1978, the acquirer of kudikidappu right died. He is survived by five children. Plaintiff/appellant is one of his sons. Second defendant is the brother of the plaintiff. Appellant contended that after the death of father, his right title and interest in the plaint schedule property










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