Reghuvaran Nair v. Lizy
Case brief
What is this about?
The court declined specific performance of the sale agreement due to lapsing of time and lack of plea under Section 12(3), but granted a monetary decree for the advance amount paid under the agreement, chargeable on the property.
What did the court decide?
Decree for sum of Rs. 2,00,000/- with 6% interest against the first defendant, to be charged on the property.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH &
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 14TH DAY OF JUNE 2017/24TH JYAISHTA, 1939
AS.No. 295 of 2002 (E)
AGAINST THE JUDGMENT & DECREE IN OS 13/2000 of SUB COURT, NEDUMANGAD DATED 14-12-2001
APPELLANT(S)/PLAINTIFF:
REGHUVARAN NAIR, S/O.VELAYUDHAN PILLAI, COMPANY SERVANT, RESIDING AT CHERUPADY VEEDU, CHANGA MURI, VELLANADU VILLAGE, REPRESENTED BY THE POWER OF ATTORNEY HOLDER MADHUSOODHANAN NAIR,, S/O.VELAYUDHAN PILLAI, RESIDING AT CHERUPADY VEEDU, CHANGA MURI, VELLANADU VILLAGE.
BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENT(S)/DEFENDANTS:
- LIZY, D/O.GNANABAI, RESIDING AT KAZHAKKUNNA, COMPANY MUKKU, ROADARIKATHU VEEDU, VELLANADU VILLAGE, NEDUMANGAD.
Issues for consideration
3 issues framed by the court
Whether a decree for specific performance should be granted for a reduced extent of land in the absence of a specific plea and after more than two decades of the agreement.
Whether the sum received as advance by the first defendant should be returned as a decree against her.
Whether the sum advanced can be charged against the property under Section 55(6)(b) of the Transfer of Property Act.
Parties & counsel
- appellant
REGHUVARAN NAIR
- respondent
LIZY
- respondent
THULASI
- respondent
ABUBACKER
Coram
Case details
As recorded by the court registry
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