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2019 Supreme(Online)(KER) 36245

HIGH COURT OF KERALA
K SAVITHRI WO P K RAJAN – Appellant
Versus
BABURAJAN – Respondent


Three suits were jointly tried and disposed of

by a common judgment. The same is assailed in these

appeals. The following are the suits and the

appeals therefrom:-

Sl.

No.

Number of

suit

Plaintiffs

Defendants

Relief claimed

Proceedings

before this

Court

1

O.S.44/03

1. P.K.Rajan

2. K.Savithri

1. Baburajan

2. Jyothi

3. S.R.Sreejith

Declaration of

title

and Injunction

RFA 581/09

2

O.S.420/03 1. P.K.Rajan

2. K.Savithri

1. Baburajan

2. Jyothi

Injunction

against forceful

eviction

RFA 536/11

3

O.S.82/06

1. Baburajan

2. Jyothi

1. S.R.Sreejith

2. P.K.Rajan

3. K.Savithri

Recovery of

arrears of rent

RFA 502/11

2. The subject matter involved in these

litigations is 3 Ares and 18 square metres

equivalent to 8.5 cents with the residential

building situated thereon. The property admittedly

belonged to P.K.Rajan and Savithri (hereinafter

RFA Nos.536, 502 of 2011 &

581 of 2009

:- 2 :-

referred to as the “plaintiffs”). They executed

Ext.A10 Sale Deed No.3961/96 in favour of Baburajan

and Jyothi (hereinafter referred to as the

“defendants”). O.S.44/03 is filed by the plaintiffs

contending that, they had borrowed amounts from

defendants and from strangers, and to shield the

property from creditors and t

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