The High Court of Kerala dismissed the second appeal filed by a retired pastor challenging a decree granting a mandatory injunction and damages for unauthorized occupation against the Church Trust Association. The Court found no substantial question of law arising.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934
RSA.NO. 733 OF 2012 ()
AS.38/2004 OF SUB COURT, CHERTHALA OS.918/1996 OF ADDITIONAL MUNSIFF'S COURT,CHERTHALA
APPELLANT/APPELLANT/DEFENDANT:
REV. P.K. GEORGE, RETIRED PASTOR, LUTHERAN MISSION HOUSE, CHERALA P.O., ALAPPUZHA - 688 524.
BY ADV. SRI.P.B.KRISHNAN
RESPONDENT/RESPONDENT/PLAINTIFF:
INDIAN EVANGILICKAL LUTHERAN CHURCH TRUST ASSOCIATION, REPRESENTED BY ITS SECRETARY-CUM-TREASURER, MISS ALICE BRAUER, D/O.RICHARD HENTRY BRAUER, 335A LUTHERAN MISSION COMPOUND, K.P.ROAD, POST NAGARKOVIL - 629 001, K.K. DISTRICT.
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 26-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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Dated this the 26th day of June, 2012
J U D G M E N T
Defendant in O.S. No.918 of 1996 of the court of learned Additional Munsiff, Cherthala challenges the judgment and decree of that court as confirmed by the learned Sub Judge, Cherthala in A.S. No.38 of 2004.
R.S.A. No. 733 of 2012
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respondent, verify and sign the pleadings, that he is in possession and enjoyment of the building under an agreement for sale and that he is entitled to the protection of the Kerala Land Reforms Act (for short, “the Act”). All the contentions were found against by the trial court and a decree was granted in favour of the respondent. First appellate court has confirmed that judgment and decree. Hence this Second Appeal.
R.S.A. No. 733 of 2012
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admitted that he has written and signed Ext.A9 in favour of the respondent.
R.S.A. No. 733 of 2012
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Having heard learned counsel and gone through the judgments under challenge I do not find any substantial question of law involved in this appeal requiring decision by this Court.
Second Appeal is dismissed.
All pending Interlocutory Applications will stand dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv
REV. P.K. GEORGE
INDIAN EVANGILICKAL LUTHERAN CHURCH TRUST ASSOCIATION
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
