M.Paramasivan v. L.Lincan
Case brief
What is this about?
The High Court of Kerala set aside the lower court's decree for money recovery. Finding no credible evidence of loan or mortgage, the High Court allowed the appeal, dismissed the suit, and ordered the release of the title deed to the defendant.
What did the court decide?
The appeal is allowed, the suit is dismissed, the impugned decree and judgment are set aside, and the title deed is ordered to be released to the appellant.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 18TH DAY OF JUNE 2013/28TH JYAISHTA 1935
RFA.No. 71 of 2010 ( )
AGAINST THE JUDGMENT IN OS 980/2007 of II ADDL.SUB COURT,ERNAKULAM DATED 24-10-2008
APPELLANT/DEFENDANT:
M.PARAMASIVAN, S/O.MADASWAMY, AGED 40 YEARS, G.C.D.A. QUARTERS, GANDHI NAGAR, ERNAKULAM, DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK.
BY ADVS.SRI.K.C.CHARLES SRI.VIMAL K.CHARLES
RESPONDENT/PLAINTIFF:
L.LINCAN, S/O.ALINCAN, AGED 57 YEARS, BUSINESS, RESIDING AT HOUSE NO.43/801, VISHAKHA NIVAS, MANDIRAM ROAD, THRIKKANARVATTOM DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK.
Issues for consideration
2 issues framed by the court
Whether the plaintiff proved the existence of a debt and the creation of an equitable mortgage by deposit of title deeds by acceptable legal evidence.
Whether the independent enquiry of the lower appellate court was justified given the lack of corroborative evidence to the plaintiff's单方 testimony.
Parties & counsel
- appellant
M.Paramasivan
- respondent
L.Lincan
Coram
Thottathil B.Radhakrishnan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court