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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Hashim Abu Nabeel – Appellant
Versus
P.A. Hamza – Respondent
| Table of Content |
|---|
| 1. summary of facts and competing claims regarding money remittances and property acquisition. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions and evidence regarding the ownership of remitted funds and the purpose of the transfer. (Para 5 , 6 , 7 , 8 , 9) |
| 3. legal standard for treating police statements as judicial admissions under section 145 of the indian evidence act. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. presumptive value of remittance slips as proof of ownership over funds transferred. (Para 16 , 17 , 18 , 19) |
| 5. absence of proof regarding joint venture agreement for property acquisition. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. standard of limitation for recovery of money; judgment set aside due to expiration of the limitation period. (Para 26 , 27) |
JUDGMENT
P.Krishna Kumar, J.
O.S. No.167/2010 was instituted by Sri. Hashim Abu Nabeel against Sri. P.A. Hamza and two others, seeking declaration of title over the plaint schedule immovable properties, with an alternative relief for recovery of money. The suit was decreed in part. Aggrieved thereby, Hashim Abu Nabeel and P.A. Hamza filed R.F.A. Nos.32/2019 and 192/2018, respectively, challenging the decree to the extent it is a
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