Chandran Raghavan v. Babykutty
Case brief
What is this about?
The High Court dismissed second appeals filed by plaintiffs and defendants challenging decrees dismissing a suit for partition. The court upheld findings that adverse possession and limitation barred the suit due to registered documents asserting full title over co-owned property executed in favor of strangers.
What did the court decide?
Both appeals were dismissed without costs.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
RSA.No. 983 of 2004
AGAINST THE JUDGMENT AND DECREE DATED 15-12-2003 IN AS 44/1996 of ADDITIONAL DISTRICT COURT-I, MAVELIKKARA
AGAINST THE JUDGMENT AND DECREE DATED 19-12-1995 IN OS 304/1990 of MUNSIFF COURT,KAYAMKULAM
APPELLANTS/APPELLANTS/PLAINTIFFS:
1 CHANDRAN RAMACHANDRAN, THODISSERIL VEEDU,
KATTANAM MURI, KATTANAM VILLAGE.
- 2 CHAKKY AMMINI -DO- -DO-
- 3 CHAKKY RAJAMMA, MANKEETTATHIL VEEDU, PAZHAKUTHIRKONAM MURI, NOORANAD, THODISSERIL VEEDU, KATTANAM MURI, KATTANAM VILLAGE
Issues for consideration
2 issues framed by the court
Whether adverse possession and limitation acted as a bar to the suit for partition after execution of registered documents in favor of strangers.
Whether Section 44 of the Transfer of Property Act allows a transferee under a document of alienation to claim partition of the transferred share.
Parties & counsel
- appellant
CHANDRAN RAMACHANDRAN AND ORS.
- appellant
CHANDRAN RAGHAVAN AND ORS.
- respondent
BABYKUTTY (DECEASED) LRS
Coram
Case details
As recorded by the court registry
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