Abdulla v. Suresh
Case brief
What is this about?
The High Court of Kerala dismissed a second appeal challenging a decree confirming partition of jointly acquired property. The Court upheld the lower courts' finding of joint acquisition based on the assignment deed under Section 45 of the Transfer of Properties Act.
What did the court decide?
The second appeal was dismissed in limine.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931
RSA.No. 47 of 2010() -------------------AS.32/1999 of SUB COURT, OTTAPPALAM OS.224/1996 of MUNI-MAGI.COURT,MANNARKAD
APPELLANT/APPELLANT/DEFENDANT
ABDULLA,S/O.KUNHAYAMMU,AGED 68 YEARS, MELATHIL HOUSE,VIYYAKURUSSI AMSOM AND DESOM, MANNARKKAD TALUK.
BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI
RESPONDENT/RESPONDENT/PLAINTIFF
SURESH,S/O.NANIKUTTY AMMA,PALLIKKATTIL, ARAKURUSII AMSOM AND DESOM,MANNARKKAD TALUK.
Issues for consideration
2 issues framed by the court
Whether the appreciation of evidence by the courts below regarding joint acquisition is perverse.
Whether the finding on joint acquisition suffered from infirmity on account of perverseness.
Parties & counsel
- appellant
Abdulla, S/O. Kunhayammu
- respondent
Suresh, S/O. Nanikutty Amma
Coram
Thomas P. Joseph
Case details
As recorded by the court registry
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