IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
ROSILY, W/O.KODIYAN JOSEPH – Appellant
Versus
ALPHONSA W/O.PEENIKKAPARAMBIL THOMAS – Respondent
| Table of Content |
|---|
| 1. background of property dispute and motives (Para 1 , 2) |
| 2. arguments on validity and intentions behind deed (Para 4 , 6) |
| 3. court's evaluation of evidence in context (Para 9 , 10 , 11) |
| 4. legal principles regarding registered documents (Para 12 , 13 , 14 , 15) |
| 5. substantial questions of law regarding the deed (Para 16) |
JUDGMENT
The 3rd defendant in O.S.No.373/2000, a suit before the Principal Sub Court, Irinjalakuda, for declaration that a sale deed executed by the plaintiff is sham and was only intended to operate as a security deed, along with a consequential prayer for recovery of possession, has come up in the present appeal aggrieved by the concurrent findings against her.
2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The plaintiff purchased the plaint schedule property through an assignment deed in the year 1997. The 1st defendant was conducting a money lending business in the name ‘Management Consultants’ and the 2nd defendant was the Manager under the 1st defendant. The 2nd defendant used to issue receipts on behalf of the 1st defendant and that the husband of the plaintiff approached the 1st defendant and borrowed a sum of Rs.
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