HIGH COURT OF KERALA
A. BADHARUDEEN, J
SHIBU – Appellant
Versus
RAJEESH – Respondent
| Table of Content |
|---|
| 1. court's introduction of the appeal and parties. (Para 1 , 2 , 3) |
| 2. substantial questions of law framed for appeal. (Para 4 , 5) |
| 3. plaintiff's claim of execution of sale agreement. (Para 6 , 7) |
| 4. trial court's decision and its reversal by first appellate court. (Para 8 , 11 , 12) |
| 5. testimony analysis regarding execution of sale agreement. (Para 13 , 14 , 15) |
| 6. presumption of execution under indian evidence act. (Para 16 , 17) |
| 7. interpretation of signature admission and execution. (Para 18 , 19 , 20) |
| 8. defendant's claims regarding undue influence and deception. (Para 21 , 22) |
| 9. court's interpretation of mandatory attestation for sale agreements. (Para 23 , 24) |
| 10. resolution of appeal and restoration of trial court's judgment. (Para 25 , 26) |
JUDGMENT
Dated this the 8th day of February, 2024
This Regular Second Appeal arises out of decree and judgment in A.S.No.3/2019 on the files of the Subordinate Judges Court, Ottapalam, dated 30.3.2023 and the appellant is the respondent in the above appeal and the plaintiff in O.S.No.119/2015 on the files of the Munsiff Court, Pattambi.
2. Heard the learned counsel for the appellant/plaintiff as well as the respondent/defendant.
3. I
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