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2006 Supreme(Online)(Ker) 3045

KERALA HIGH COURT
A, J
Musthafa v. Andrews and Another


1This appeal is filed by the claim petitioner in E. R No. 514/1998 in O.S. No. 245/1984 on the file of the Sub Court, Trichur. The first respondent obtained a decree for specific performance of an agreement for sale as against the second respondent. At the time of execution of the decree the petitioner filed the present claim petition contending that he is a bona fide purchaser for value without notice of the agreement and also contending that the execution proceedings is initiated by the first respondent in collusion with the second respondent to deprive the petitioner of the plaint schedule property. The execution court rejected the claim petition and hence the petitioner has filed this appeal.

2The suit was filed in respect of two items of properties, 29 cents in Sy. No. 121/1 of Chelakkara Village and 66 cents in Sy. No. 455/1 of Eranallur Village. The claim petition is only in respect of 25 cents in Sy. No. 455/1. This property admittedly belonged to the second respondent. He sold the property claimed by the appellant to one Vasudevan Bhattathirippad as per document No.2632/1986 on 26-11-1986. He in turn sold that property in 1992 to one Khayarunnisa by Ext. A2 dated 25-7-1992.

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