Ayyappan v. Murugan
Case brief
What is this about?
The Court dismissed the second appeal filed by defendants against a decree for vacant possession. The judgment held that registration of a settlement deed constitutes deemed notice and acceptance, barring any suit after the limitation period.
What did the court decide?
Appeal dismissed with no costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
RSA.No. 1331 of 2004
AGAINST THE JUDGMENT AND DECREE IN AS 75/2000 of I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM DATED 04-09-2004
AGAINST THE JUDGMENT AND DECREE IN OS 204/1997 of III ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM DATED 31-01-1998
APPELLANTS/RESPONDENTS 1 TO 5 / DEFENDANTS 1 TO 5:
*1 AYYAPPAN (DIED, LEGAL HEIRS ARE RECORDED) AGED 58 YEARS, S/O. ESHAKIYA PILLAI, T.C.38/582,, CHENTHITTA PATTUVILAKOM, THYCAUD,, THIRUVANANTHAPURAM.
**(AS PER THE ORDER DATED 21.08.2014 IN IA.2149/2014 APPELLANTS 2 TO 5 ARE RECORDED AS THE LEGAL HEIRS OF DECEASED 1ST APPELLANT)*
2 RETNAMMA, W/O. AYYAPPAN T.C.38/582, CHENTHITTA PATTUVILAKOM,, THYCAUD, THIRUVANANTHAPURAM.
Issues for consideration
2 issues framed by the court
Whether the purchasers under a registered settlement deed obtained vacant possession of the property.
Whether the acceptance of a deed of settlement is deemed complete upon registration as per Section 3 of Transfer of Property Act.
Parties & counsel
- appellant
1 Ayyappan (Deceased) Legal Heirs 2 Retnamma 3 Kumar (Deceased) Legal Heirs 4 Pazhani 5 Viji
- respondent
1 Murugan 2 Padmanabha Pillai
Coram
P. Somarajan
Case details
As recorded by the court registry
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