Baby v. Lissy
Case brief
What is this about?
In this second appeal, the appellant contended that a registered sale deed was executed as security rather than an absolute sale. The High Court held that undervaluation alone does not make a document a sham. Citing evidence of mutation and bank loan by the respondent, the Court restored the trial court's decree dismissing the suit.
What did the court decide?
The second appeal is allowed; the judgment and decree of the first appellate court are set aside; the decree of the trial court is restored.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
RSA NO. 795 OF 2005
AGAINST THE ORDER/JUDGMENT DATED 24.01.2005 IN AS NO.21 OF 2002 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KATTAPPANA
ARISING OUT OF THE ORDER/JUDGMENT DATED 24.11.2001 IN OS NO.235 OF
1999 OF MUNSIFF COURT,KATTAPPANA
APPELLANT/S:
BABY
MANDAPATHIL HOUSE, KUNTHALAMPARA KARA,, KATTAPPANA
VILLAGE, IDUKKI.
BY ADVS.
SRI.V.CHITAMBARESH
SRI.JIBU P THOMAS
SRI.T.C.SURESH MENON
SRI.SREEKANTH.K.R
RESPONDENT/S:
1 LISSY MANOOKKALATH HOUSE, IDINJAMALA KARA,, SANTHIGRAM P.O., KALKOONTHAL VILLAGE,, IDUKKI.
Issues for consideration
3 issues framed by the court
Whether the lower appellate court was justified in reversing the trial court's decree on the grounds that the consideration in the sale deed was less than market value.
Whether the undervaluation of the property in the registered sale deed automatically presumes that the document was a sham not intended to be acted upon.
Whether the burden of proving that a registered sale deed was executed as security shifted to the party asserting possession contrary to the registered document.
Parties & counsel
- appellant
Baby
- respondent
Lissy Manookkalath
- respondent
Kunjoонуju Alias Jacob
- respondent
Shaji
Coram
Case details
As recorded by the court registry
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