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2023 Supreme(Online)(KER) 18000

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
MUHAMMED YASIR – Appellant
Versus
HASSAN – Respondent


Advocates:
SRI.K.M.FIROZ, SRI.S.KANNAN, SMT.M.SHAJNA, SMT.UMMUL FIDA, SRI.T.KRISHNANUNNI (SR.), SRI.K.SHIBILI NAHA, SRI.SAJU RAGHAVAN

JUDGMENT

P.G. Ajithkumar, J.

The petitioner in O.P.No.194 of 2014 is the appellant. He filed the original petition seeking a decree for cancellation of document No.1290 of 2011 of the Sub Registry Office, Kakkodi. The Family Court dismissed that original petition. Hence, the appellant has filed this appeal under Section 19 (1)

of the Family Courts Act, 1984 .

2. The appellant was working in Qatar. An immovable property was purchased making use of his funds. The 2nd respondent is his wife and 1st respondent is his father-in-law. The property was purchased as per sale deed No.1253 of 2011 in the name of the appellant as well as the respondents. The appellant knowing that the 2nd respondent was also shown as a purchaser, insisted to execute a document releasing her right in favour of the appellant; since she has no right in the property. Accordingly, document No.1290 of 2011 was executed. The appellant signed the said document believing that it was intended to release the right of the 2nd respondent in his favour. Later, he realised that the document executed was one to release his right in the property in favour of the 2nd respondent on receipt of Rs.2 lakhs. The document is thus a pr

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