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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
SUKESINI – Appellant
Versus
YOHANNAN – Respondent
| Table of Content |
|---|
| 1. plaintiff's case of loan security via sale deeds and oral re-conveyance agreements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. framing issues on security nature and oral agreements. (Para 10) |
| 3. rebutting security claim; title deeds delivered, possession unclear. (Para 11 , 12 , 13 , 15) |
| 4. presumption of valid sale in registered deeds; no proof of oral agreement. (Para 16 , 17) |
J U D G M E N T
This appeal arises from the judgment and decree dated
30.11.2011 passed by the Court of the Principal Sub Judge, Kollam in O.S. No.334 of 2009. The appellant is the plaintiff.
2. According to the plaintiff, she borrowed Rs. 75,000/- from the 1st defendant for her daughter’s marriage and, at his demand, executed Ext. A1 sale deed dated 28.04.1997 transferring the plaint schedule property, having an extent of 25 cents, in favour of the 1st defendant on an oral agreement that the property would be re- conveyed on repayment of the loan. During 2006, the 1st defendant demanded payment of Rs. 1,75,000/-. As the plaintiff was unable to pay the amount, she approached the 2nd defendant, a money lender, who introduced her to the 3rd defendant. The 3rd defendant agreed to lend Rs. 1,75,000/-
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