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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
P.S.Murukan – Appellant
Versus
Y.Ansari – Respondent
| Table of Content |
|---|
| 1. overview of the suit for specific performance and the trial court's partial decree. (Para 1 , 2) |
| 2. assessment of the trial court's procedural failure to frame issues regarding the statutory charge under section 55(6)(b) of the transfer of property act. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. order remitting the case for fresh determination on the basis of properly framed issues. (Para 9) |
P.Krishna Kumar, J.
The first respondent in this appeal filed a suit for specific performance of a contract for sale of immovable property, with an alternative relief for return of the advance amount. By the impugned judgment and decree, the trial court dismissed the suit, but further directed that the first respondent would be entitled to recover the advance amount from defendants 1, 2, 3 and 9, with a charge over the plaint schedule property. The appellant, the defendant No.10 in the suit and the subsequent purchaser of the property, challenges the decree to the extent it fixes a statutory charge over the property.
2. For the sake of convenience, the parties would hereinafter be referred to as they were arrayed in the suit. According to the plaintiff, on 1.2.2013, defendants 1, 2, 3 and 7
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