Daisomma v. Varghese
Case brief
What is this about?
This second appeal challenged a first appellate court order dismissing a suit for recovery of possession based on a rent deed. The High Court affirmed the lower court's finding that the rent deed was a sham and no landlord-tenant relationship existed.
What did the court decide?
The appeal is dismissed and the first appellate court decree is affirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931
SA.No. 32 of 1997(D)
-------------------AS.154/1994 of SUB COURT, PALA OS.255/1984 of MUNSIFF COURT, PALA
APPELLANT/RESPONDENT/PLAINTIFF:
DAISAMMA, W/O.ALEX RESIDING AT CHUVAPPUMKAL, KIZHAPRAYAR KARA, POOVARANI VILLAGE, KOTTAYAM DISTRICT.
BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN
RESPONDENT/APPELLANTS/ DEFENDANTS:
- VARGHESE, S/O.THOMAS PAIKKARUMKAL, POOVARANI VILLAGE, POOVARANI KARA.
Issues for consideration
3 issues framed by the court
Whether the first defendant discharged the burden to substantiate the plea of benami transaction under the Benami Transactions (Prohibition) Act, 1988.
Whether the courts below were correct in not giving effect to Ext.B3 sale deed which purportedly granted valid title to the appellant.
Whether the Ext.A1 rent deed established a valid landlord-tenant relationship between the appellant and the first respondent.
Parties & counsel
- appellant
Daisamma
- respondent
Varghese
- respondent
Dais.P.George
Coram
Case details
As recorded by the court registry
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