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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
RAVI – Appellant
Versus
RAJAPPAN – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding the appeal and original suit. (Para 1 , 2) |
| 2. substantial questions framed for determination. (Para 3 , 4) |
| 3. legal observations on maintainability and contract evidence. (Para 6 , 7 , 8) |
| 4. conclusion on legal questions regarding injunction and ownership. (Para 10) |
| 5. final ruling reversing lower court's decision. (Para 11) |
J U D G M E N T
This appeal is by the defendant in a suit for permanent prohibitory injunction, aggrieved by the judgment and decree passed by the First Appellate Court in A.S No.473/2010.
2. The brief facts necessary for the disposal of the appeal are as follows:-
The plaintiff contended that by a sale deed No.1726/2005 dated 19.04.2005, the plaint schedule property was sold to the defendant. Later an agreement was executed for re-conveyance of the property, provided that the defendant pays a sum of Rs.99,200/- within two months. Finding that there was an attempt on the part of the defendant to induct strangers into the property, the suit for injunction was filed. The defendant resisted the suit by contending that the suit is not maintainable and that once the property is sold to the defendant, the possession having bee
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