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2025 Supreme(Online)(Ker) 41001

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
HINDUSTAN PETROLEUM CORPORATION – Appellant
Versus
ARVIND SANTWAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.SUDHISH, SMT.M.MANJU
For the Respondents: SRI.G.SREEKUMAR (CHELUR), SRI.K.DILIP

JUDGMENT

These appeals raise a common question and being considered and disposed together.

2. The brief facts necessary for the disposal of the appeal are as follows:-

O.S.No.282/2010 on the files of the Sub Court, Manjeri seeking a declaration that a lease executed by the mother of the plaintiff in favour of the 1st defendant company is invalid and not binding on the plaintiff directing the defendants to vacate and hand over the possession of the plaint schedule property. According to the plaintiff, the property originally belonged to his maternal grand uncle one William Nicholas, who executed a registered Will bearing No.9/1941 of S.R.O, Manjeri, as per which, the right title and interest over the property, came into the plaintiff's hands. In the said Will, the mother of the plaintiff, Mrs.Ruth Kamala Grace also known as Kamala Santwan was given a limited life interest over the property. The mother of the plaintiff filed O.P.No.3/1960 before the District Court, Kozhikode for a letter of administration and by order dated 09.07.1960, the same was granted. Later, the mother of the plaintiff executed an agreement of renewal indenture dated 08.08.2002 for a period of 20 years in favour o

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