HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
C M THOMAS – Appellant
Versus
PURUSHOTHAMAN & OTHERS Advocate - SANTHEEP ANKARATH, ,SANTHEEP ANKARATH,SUMODH MADHAVAN NAIR – Respondent
Based on the provided legal document, the key points are as follows:
The case involves a dispute over an agreement for sale of property, with allegations of document fabrication and forgery by the respondents (!) (!) .
The plaintiff claimed that the respondents failed to execute the sale deed after entering into an agreement for sale, and issued a notice demanding execution, but the respondents backed out and contended a subsequent agreement was made with a third party (!) .
The respondents contended that the property was assigned to the appellant via an agreement, which the courts found to be fabricated, and that the appellant was a bona fide purchaser based on a subsequent agreement and assignment deed (!) (!) .
The courts below held that the agreement for sale relied upon by the respondents was fabricated, and that the appellant's claim of being a bona fide purchaser did not hold weight given the forgery involved (!) .
Evidence regarding the authenticity of the agreement for sale (Ext.B1) included discrepancies in the purchase of stamp paper and entries in official registers, which led to the conclusion that Ext.B1 was forged (!) .
The courts found that the agreement for sale (Ext.B1) was fabricated and that the appellant, being involved in the forgery, lacked equitable rights to seek specific performance (!) .
Regarding the agreement for sale (Ext.A1) executed by the first respondent, the courts held that its due execution was supported by evidence, and that the non-inclusion of liabilities to the bank in the agreement did not imply it was false or improperly executed (!) .
The appellant's claim for equitable relief was denied because he was found to have participated in the forgery, and no substantial question of law was involved that would warrant interference on appeal (!) .
The second appeal was dismissed, and all pending interlocutory applications were also dismissed (!) .
Overall, the judgment emphasizes that a party involved in fabricating documents forfeits the right to seek equitable relief such as specific performance, and mere denial of document execution does not automatically preclude courts from exercising discretion, especially when forgery is established (!) .
Please let me know if you need further analysis or assistance with this case.
J U D G M E N T
The third defendant in O.S. No.367 of 2004 of the court of learned Munsiff, Ottappalam is aggrieved by the judgment and decree granting specific performance in favour of the first respondent and confirmation of that judgment and decree in A.S.
No.15 of 2006 of the court of learned Sub Judge, Ottappalam. 2. First respondent-plaintiff claimed that respondents 2 and 3 executed Ext.A1, agreement for sale in his favour on 08.09.2004 agreeing to sell the property for a consideration of Rs.95,000/- on or before 10.11.2004 and received Rs.5,000/- by way of advance. First respondent claimed that he was always ready and willing to get the sale deed executed but respondents 2 and 3 backed out. Thereon first respondent issued notice to respondents 2 and 3 on 17.09.2004 demanding them to execute the sale deed. Since respondents 2 and 3 did not comply, first respondent filed the suit. Respondents 2 and 3 contended that they have assigned the property to the appellant on 27.09.2004 pursuant to Ext.B1, agreement for sale dated 03.09.2004. In the light of that contention appellant was impleaded as additional third defendant in the suit. Appellant, setting up Ext.B4, assignment deed p
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