P.K.Rajan v. Babu Rajan
Case brief
What is this about?
High Court held three first appeals dismissed. Suit for declaration barred by limitation under Article 58. Sale deed upheld as valid and effective; affirmation of trial court finding on merits and remedy.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 26TH DAY OF AUGUST 2019 / 4TH BHADRA, 1941
RFA.No.536 OF 2011
AS 303/09 TRANSFERRED FROM DISTRICT COURT, KOLLAM, AS PER ORDER DATED 22.03.11 IN RFA 581/09
AGAINST THE JUDGMENT DATED 30.07.2009 IN OS NO.420/2003 OF ADDL. SUB COURT, KOLLAM
APPELLANTS/PLAINTIFFS:
1 DR.P.K.RAJAN, AGED 70 YEARS, S/O KUNJU PILLAI, SWAPNA, M.C. 767, VADAKKUMBHAGOM STREET, KOLLAM EAST VILLAGE. (DIED)
2 K. SAVITHRI, AGED 65 YEARS, HOUSEWIFE, W/O P.K RAJAN, SWAPNA, M.C. 767, VADAKKUMBHAGOM STREET, KOLLAM EAST VILLAGE.
*** ADDL. A3 IMPLEADED**
Issues for consideration
2 issues framed by the court
Whether suit for declaration of title is barred by limitation under Article 58 of the Limitation Act.
Whether sale deed intended as security document or outright sale.
Parties & counsel
- appellant
K.Savithri
- appellant
S.R.Sreeja
- respondent
Baburajan
- respondent
Jyothi
Coram
Case details
As recorded by the court registry
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