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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
MOLLY ABRAHAM – Appellant
Versus
SAMARIAS FINANCE – Respondent
| Table of Content |
|---|
| 1. plaintiff sought specific performance of a sale agreement executed by her husband. (Para 2 , 3 , 4) |
| 2. court found lack of evidence and suspicious circumstances surrounding the agreement. (Para 5 , 8 , 9 , 13 , 14 , 15 , 17 , 18 , 19) |
| 3. court addressed the issue of limitation and evidence regarding the sale agreement. (Para 10 , 11 , 12) |
| 4. court upheld trial court's dismissal due to insufficient evidence and limitation. (Para 20) |
J U D G M E N T
Dated this the 23rd day of July, 2025 The plaintiff in OS No.906/1994 on the file of the Sub Court, Ernakulam, is the appellant. (For the purpose of convenience, the parties are referred to as per their rank before the trial court).
2. The plaintiff filed the suit for specific performance of an agreement for sale dated 21.9.1985 executed with defendants 1 and 2. The 1st defendant is a firm and the 2nd defendant is the managing partner and also the husband of the plaintiff. Plaint A schedule property consists of a total extent of 13.138 cents comprised in Sy. No.338/1 of Ernakulam Village. Out of which, plaint B schedule having an extent of 6.481 cents belonged to the 1st defendant firm and C schedule having an extent of 6.65
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