The High Court dismissed the appeal against a preliminary decree rejecting a purchase certificate claim. The court held that the property was mortgaged to the appellant's mother, making the purchase certificate a benefit for all heirs, including the respondent, negating the appellant's independent rights.
The appeal was dismissed. No costs awarded.
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 6th DAY OF JANUARY 2022 / 16TH POUSHA, 1943
AS NO. 479 OF 2002 (F)
AGAINST THE JUDGMENT AND DECREE DATED 26.06.2002 IN OS No.297/1995 OF
SUB COURT, OTTAPPALAM
APPELLANT/DEFENDANT:
1 KESAVA PANICKER(DIED) S/o WEST KALARIKKAL LATE KUTTIKRISHNA PANICKER, PADINJARE KALARICKAL HOUSE, THIRUVENGAPURAM AMSOM, VILATHUR DESOM, OTTAPALAM TALUK.
W/o LATE KESAVA PANICKER, RESIDING AT PADINJARE KALARICKAL HOUSE, VILATHUR DESOM, THIRUVENGAPURA AMSOM AND POST, OTTAPALAM TALUK, PALAKKAD DISTRICT
ADDL.A3 JAYARAJAN, AGED 45 YEARS, S/o LATE KESAVA PANICKER, RESIDING AT PADINJARE KALARICKAL HOUSE, VILATHUR DESOM, THIRUVENGAPURA AMSOM AND POST, OTTAPALAM TALUK, PALAKKAD DISTRICT
ADDL.A4 JAYACHANDRAN, AGED 43 YEARS, S/o LATE KESAVA PANICKER, RESIDING AT PADINJARE KALARICKAL HOUSE, VILATHUR DESOM, THIRUVENGAPURA AMSOM AND POST, OTTAPALAM TALUK, PALAKKAD DISTRICT
ADDL.A5 JAYASREE, AGED 41 YEARS, D/o LATE KESAVA PANICKER, RESIDING AT PADINJARE KALARICKAL HOUSE, VILATHUR DESOM, THIRUVENGAPURA AMSOM AND POST, OTTAPALAM TALUK, PALAKKAD DISTRICT
(Lrs OF DECEASED 1st APPELLANT ARE IMPLEADED AS ADDL.A2 TO A5 AS PER ORDER DATED 30.10.2017 IN IA 1897/2017)
ADDL.A2 TO A5 BY ADVS. R.SREEHARI
SRI. SACHIN VYAS SRI.P.B.KRISHNAN
AS No.479 of 2002
2
RESPONDENT/PLAINTIFF:
K.K.KAMALAKSHY, W/o KARYAVATTATHU KALARIKKAL LATE GOVINDA PANICKER, KARYAVATTA AMSOM AND DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.
BY ADVS. SRI.T.SETHUMADHAVAN (SR.)
SRI.K.JAYESH MOHANKUMAR
SRI.PUSHPARAJAN KODOTH
THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS No.479 of 2002
3
JUDGMENT
The claim of defendant based on Ext.B3 purchase certificate was rejected by the trial court on the reason that there is satisfactory evidence to show the redemption of mortgage over the property stands in the name of mother of both the parties Panchali Panickathiar. It is an admitted case that the property was outstanding in mortgage with the mother from the year 1960 onwards. The defendant who obtained Ext.B3 purchase certificate is one of the legal heirs of the mortgagee Panchali Panickathiar. He did not have any satisfactory case of either the redemption of mortgage or independent possession, if any held. Necessarily, the purchase certificate obtained would enure to the benefit of all the legal heirs including the plaintiff and defendant. Hence, there is no merits in the appeal.
AS No.479 of 2002
4
Preliminary decree passed deserves no interference.
Appeal fails and hence dismissed. No costs.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
3 issues framed by the court
Whether the High Court should interfere with the trial court's preliminary decree rejecting the appellant's claim based on a purchase certificate due to existing mortgage redemption in favour of the m
Whether the purchase certificate obtained by one legal heir of the mortgagee enures to the benefit of all legal heirs including the appellant and respondent.
Whether the appeal founded on the redemption of mortgage and possession has any merit given the evidence on record.
KESAVA PANICKER (died) represented by Lakshmikutty, Jayarajan, Jayachandran, Jayasree
K.K. KAMALAKSHY
P. SOMARAJAN
As recorded by the court registry
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