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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
KOLAYAKKARAKATH PUTHIYA PURAYIL MARIYUMMA D/O.ABDU HAJI – Appellant
Versus
KOLAYAKKARAKATH PUTHIYA PURAYIL RASHEEDA – Respondent
| Table of Content |
|---|
| 1. the appeals arise from two property suits with claims on similar property. (Para 1) |
| 2. the core legal question is regarding the proper consideration of evidence. (Para 2) |
| 3. legal representation arguments presented by respective parties. (Para 3) |
| 4. the court identifies procedural errors in the lower court's handling of evidence. (Para 4 , 5 , 6) |
| 5. the appeals are allowed with directives for prompt consideration of evidence. (Para 7) |
J U D G M E N T
These appeals arises out of two suits, O.S No.701 of 1997, wherein the appellant in R.S.A No.1086/2011 is the plaintiff and O.S No.62/1998, wherein the appellants in R.S.A No.1218/2011 are the defendants. The appellant in R.S.A No.1086/2011 claims title over 3.4 cents in Re-Survey No.63/2 of Chengalayi Amsom, under two documents, one is Marupat dated 03.01.1964 and another is one gift deed dated 03.03.1980. Based on these documents, the appellant in R.S.A No.1086/2011 also claims that a purchase certificate dated 03.10.1995 was issued by the Land Tribunal No.2, Payyannur. The respondents in R.S.A No.1086/2011 are the title owners of the property in the northern boundary of the plaint schedule property. When an attempt wa
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