Baby v. Sreedevi
Case brief
What is this about?
The High Court allowed two appeals filed by a defendant against decrees in specific performance and injunction suits. Setting aside a decree for specific performance of an agreement for re-conveyance due to improbabilities and inconsistencies in its execution, the court dismissed that suit. Conversely, it allowed the injunction suit, granting a permanent injunction to the appellant.
What did the court decide?
Specific performance decree set aside and suit dismissed; permanent injunction granted to the appellant against the plaintiff.
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
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
RFA NO. 703 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 08.09.2016 IN OS 943/2012 OF PRINCIPAL SUB COURT, PALAKKAD
APPELLANT/DEFENDANT:
BABY AGED 41 YEARS W/O.CHANDRAN, NEAR FOREST OFFICE, AYINAMPADAM, NENMARA VILLAGE, NENMARA.P.O., CHITTUR TALUK, PALAKKAD DISTRICT - 678 508.
BY ADVS. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.S.NITHIN ANCHAL SRI.SABU GEORGE SRI.P.B.SUBRAMANYAN
RESPONDENT/PLAINTIFF:
SREEDEVI D/O.CHATHI, AGED 36, NEAR FOREST OFFICE, AYINAMPADAM, NENMARA VILLAGE, NENMARA.P.O., CHITTUR TALUK, PALAKKAD DISTRICT - 678 508.
Issues for consideration
3 issues framed by the court
Whether the lower court erred in granting specific performance of an agreement for re-conveyance given improbabilities in its execution.
Whether the lower court correctly granted a permanent injunction restraining the plaintiff from dealing with the suit property.
Whether the appeals filed by the defendant/appellant should be allowed and the suits disposed of accordingly.
Parties & counsel
- appellant
Baby
- respondent
Sreedevi
Coram
P. Somarajan
Case details
As recorded by the court registry
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