Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
GOPALAKRISHNAN – Appellant
Versus
BHANUMATHY THANKAMANI – Respondent
| Table of Content |
|---|
| 1. defendant's appeal for property possession. (Para 1) |
| 2. arguments concerning lack of possession based on agreement. (Para 2 , 3) |
| 3. court's reasoning on possession and evidence. (Para 4) |
| 4. outcome of appeal dismissal. (Para 5) |
JUDGMENT
This appeal is by the defendant in a suit for permanent prohibitory injunction. The plaintiff sued the defendant for an injunction stating that the plaintiff’s possessory right over the property was being threatened by the defendant who had entered into an agreement of sale on 22.09.2003 with the plaintiff. The plaintiff further contends that he was ready to comply with the terms but due to the fault of the defendant, sustained huge loss and the said agreement expired on 22.03.2004 and the defendant is not entitled to get the sale deed executed pursuant to the said agreement.
1.1. The defendant entered appearance and contended that O.S.
No. 70 of 2007 is pending before the Sub Court, Nedumangad for injunction and also for specific performance of the agreement. It was further contended that the contention of the plaintiff that he is in possession of the plaint schedule property cannot be accepted since the defendant was put in possession
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
