Madhavan v. Shelly
Case brief
What is this about?
The High Court remitted a property recovery appeal to the trial court for proper identification of gifted land, deducting portions lost to the sea. The defendant was directed to deposit additional mesne profits.
What did the court decide?
The trial court directed to identify gift property net of sea losses; defendant directed to deposit Rs.30,000 for plaintiff's enjoyment.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932
RFA.No. 418 of 2005() -------------------------------OS.636/1987 of I ADDL.SUB COURT, THRISSUR
APPELLANT/DEFENDANT:
----------------------------------------
MADHAVAN, AGED 70, S/O. RAMAN, KAREPARAMBIL HOUSE, NATTIKA AMSOM AND DESOM, CHAVAKKAD TALUK, THRISSUR.
BY ADV. SRI.K.S.MADHUSOODANAN, SRI.T.V.JAYAKUMAR NAMBOODIRI.
RESPONDENT/PLAINTIFF:
---------------------------------------
SHELLY, AGED 36, S/O. MADHAVAN, KOZHIPARAMBIL HOUSE, KAIPAMANGALAM, CHAVAKKAD TALUK, THRISSUR (NOW RESIDING AT HOUSE NO.55-A, WARD NO.16, GANDHIGRAM, IRINGALAKUDA).
Issues for consideration
3 issues framed by the court
Whether the trial court should reconsider the identification of gifted properties considering land lost to the sea.
How to proceed with property identification if the defendant fails to produce his title deeds.
Whether mesne profits should be adjudicated within the present proceedings.
Parties & counsel
- appellant
MADHAVAN
- respondent
SHELLY
Coram
M.N. KRISHNAN
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court