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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Mala, J
Varghese – Appellant
Versus
Amalapushpam – Respondent
| Table of Content |
|---|
| 1. overview of facts, procedural history, and initial claims of parties in a specific performance suit. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. framing of substantial questions of law regarding validity of agreements and the burden of proof. (Para 9 , 10 , 11 , 12 , 13) |
| 3. establishing execution of documents and the adverse inference resulting from a party's failure to testify. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. criteria for proving 'bona fide purchase for value without notice' in property litigation. (Para 25 , 26 , 27) |
| 5. final judicial determination granting the relief of specific performance. (Para 28 , 29) |
.JUDGMENT
(1)The second appeal is filed against the judgment and decree in A.S.No.156 of 2004, dated 31.03.2010, on the file of the learned District Judge, Kanyakumari District at Nagercoil, confirming the judgment and decree of the learned Sub Judge, Padmanabhapuram, made in O.S.No.82 of 2001, dated 08.06.2004.
(2)The parties will be referred to as per their ranking in the Trial Court.
(3)The unsuccessful plaintiff before the Courts below, is the appellant herein. The suit property is the land in S.No.447/6, measuring around 10 cents in K
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