Dismissed

Sajan, S/O.Manjooran Jose v. Alphonsa, W/O.Edatukaran Varghese

Kerala HC17 Jan 2014RSA/1181/2013

Case brief

AI extract

What is this about?

This second appeal against a decree for recovery of possession was dismissed. The court held that the plaintiff obtained valid title via a sale deed executed in 1998. The appellant's claim of no sale deed and an alleged loan dispute was rejected by courts below. Disposition dismissed appeal and allowed three months for surrender of vacant possession upon filing an affidavit undertaking.

What did the court decide?

Second appeal dismissed; appellant granted 3 months time to surrender vacant possession upon filing an affidavit undertaking.

Sajan, S/O.Manjooran Jose Vs Alphonsa, W/O.Edatukaran Varghese — Partition | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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FRIDAY, THE 17TH DAY OF JANUARY 2014/27TH POUSHA, 1935

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RSA.No. 1181 of 2013 ()

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AGAINST THE ORDER/JUDGMENT IN AS 59/2009 of PRL.SUB COURT,IRINJALAKUDA DATED 23-03-2013

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AGAINST THE ORDER/JUDGMENT IN OS 848/2006 of MUNSIFF COURT, KODUNGALLUR DATED 31-03-2009

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APPELLANT/APPELLANT/1ST DEFENDANT:

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SAJAN, AGED 42,

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S/O.MANJOORAN JOSE, POYYA VILLAGE DESOM, KODUNGALLUR TALUK.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENTS/RESPONDENTS/PLAINTIFF AND 2ND DEFENDANT:

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ALPHONSA, AGED 51 YEARS, W/O. EDATUKARAN VARGHESE, MALA DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK.

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JOJO, AGED 40 YEARS,

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S/O. MANJOORAN JOSE, POYYA VILLAGE DESOM, KODUNGALLUR TALUK, PRESENT ADDRESS JOJO, S/O. MANJOORAN JOSE, VALIYAPARAMBU DESOM, KURUVILASSERY VILLAGE, MUKUNDAPURAM TALUK.

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THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 17-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DSV/22/01

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N.K. BALAKRISHNAN, J.

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===================

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R.S.A 1181 of 2013 ===================== Dated this the 17^th day of January, 2014.

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J U D G M E N T

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The defendant in a suit for recovery of possession is

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the appellant. The decree granted by the trial court was confirmed by the lower appellate Court. The plaintiff obtained title to the property as per Ext. A1 in the year 1998. The suit was filed in 2006. The plaintiff contended that the appellant has absolutely no right over the plaint schedule building and that he is only a tresspasser. The second appellant remained exparte. The appellant contended that no such sale deed was executed. It was further contended that loan was obtained by his father and to clear off that debt, amount was obtained from one Rapheal, and that no document was executed in favour of the plaintiff. That contention was found against by the courts below. It was found that the defendants have absolutely no right over the building sought to be recovered. Ext. A1 was executed in the year 1998. It was

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R.S.A 1181 of 2013

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got set aside by filing a suit for that purpose.

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The courts below rightly granted a decree in favour of the plaintiff. No substantial question of law arises and hence the second appeal is dismissed.

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The appellant is granted 3 months time to surrender vacant possession of the plaint schedule property to the plaintiff but on condition that the appellant should file an affidavit within 10 days before the trial court undertaking that he will surrender vacant possession of the building to the plaintiff within the said period of 3 months.

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Sd/-

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N.K. BALAKRISHNAN, JUDGE

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// TRUE COPY//

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P.A TO JUDGE

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Sajan, S/O.Manjooran Jose v. Alphonsa, W/O.Edatukaran Varghese

Case brief

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Sajan, S/O.Manjooran Jose v. Alphonsa, W/O.Edatukaran Varghese

Case brief

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