Ummer v. Gangadharan
Case brief
What is this about?
Appellant appealed against the dismissal of a suit for return of advance amount. The High Court dismissed the appeal, upholding the finding that the donor lacked title to sell due to a prior valid accepted gift deed.
What did the court decide?
The suit for return of advance amount with interest allowed by the lower court is maintained.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931
AS.No. 11 of 1999()
------------------OS.298/1994 of PRL.SUB COURT,THRISSUR
APPELLANT(S):
-------------UMMER, AGED 55, S/O. THEKKATHVALAPPIL MUHAMMED, KARIKKAD VILLAGE AND DESOM, THALAPPILLY TALUK.
BY ADV. SRI.VAKKOM N.VIJAYAN
RESPONDENT(S):
--------------GANGADHARAN, AGED ABOUT 37, S/O. IPPANNIYIL THAMI, SHANMUGHAPURAM COLONY, KARIKKAD VILLAGE AND DESOM,. TALAPPILLY TALUK
ADV. SRI.A.X.VARGHESE
Issues for consideration
1 issue framed by the court
Whether the lower court correctly dismissed the suit for return of advance amount where the donor had no subsisting title due to a valid gift deed.
Parties & counsel
- appellant
Ummar
- respondent
Gangadharan
Coram
Harun-ul-Rashid
Case details
As recorded by the court registry
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