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HIGH COURT OF KERALA
Sathish Ninan, J
P K RAJAN – Appellant
Versus
BABU RAJAN Advocate - SRI P JACOB VARGHESE (SR ), ,P JACOB VARGHESE (SR ),P LISSY JOSE,S SANTHOSH KUMAR – Respondent
J U D G M E N T
Three suits were jointly tried and disposed of by a common judgment. The same is assailed in these appeals. The following are the suits and the appeals therefrom:-
| Sl. No. | Number of suit | Plaintiffs | Defendants | Relief claimed | Proceedings before this Court |
| 1 | O.S.44/03 | 1. P.K.Rajan 2. K.Savithri | 1. Baburajan 2. Jyothi 3. S.R.Sreejith | Declaration of title and Injunction | RFA 581/09 |
| 2 | O.S.420/03 | 1. P.K.Rajan 2. K.Savithri | 1. Baburajan 2. Jyothi | Injunction against forceful eviction | RFA 536/11 |
| 3 | O.S.82/06 | 1. Baburajan 2. Jyothi | 1. S.R.Sreejith 2. P.K.Rajan 3. K.Savithri | Recovery of arrears of rent | RFA 502/11 |
2. The subject matter involved in these litigations is 3 Ares and 18 square metres equivalent to 8.5 cents with the residential building situated thereon. The property admittedly belonged to P.K.Rajan and Savithri (hereinafter :- 2 :-
referred to as the “plaintiffs”). They executed Ext.A10 Sale Deed No.3961/96 in favour of Baburajan and Jyothi (hereinafter referred to as the “defendants”). O.S.44/03 is filed by the plaintiffs contending that, they had borrowed amounts from defendants and from strangers, and to shield the property from creditors and to secure the
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