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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MARY JOSEPH, J
SHOBHA.V.S. – Appellant
Versus
ANNA PETER – Respondent
| Table of Content |
|---|
| 1. initial background of the ownership dispute. (Para 1 , 3) |
| 2. defendant's claims of fraud and misrepresentation. (Para 4 , 5 , 10 , 14) |
| 3. issues raised by the court regarding maintainability. (Para 6 , 8 , 9) |
| 4. court's consideration of hardship and equitable outcomes. (Para 38 , 42) |
| 5. court's power to grant relief for possession and refund. (Para 48 , 49) |
MARY JOSEPH, J.
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R.F.A. No. 399 of 2014 & C.O No.123 of 2014
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Dated this the 09th day of May, 2023 This appeal is originated from a judgment dated 06.03.2014 of IInd Additional Sub Court, Thiruvananthapuram (for short 'the court below') in O.S.No.504/2007. The Original Suit was filed by the appellant before the court below seeking for specific performance of an agreement for sale.
2. The parties to this appeal will hereinafter be referred to as the plaintiff and the defendant in accordance with their status before the court below.
3. It was averred in the plaint that by virtue of an agreement for sale executed among the defendant with the plaintiff, plaint B schedule property which is a portion of plaint A schedule property obta
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