ASEEMA BEEVI Vs. BIJU SHAMSUDHEEN
HIGH COURT OF KERALA
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(1.) This appeal is filed against the judgment and decree dated 22/11/2016 in OP No.706/2012 of Family Court, Thiruvananthapuram. The OP has been filed to set aside sale deed and for recovery of possession of the petition schedule property.
(2.) The short facts involved in the appeal would show that the respondent married the appellant on 21/3/2004 and they had two sons. The contention of the appellant was that the petition schedule property was obtained by the appellant as her family share as per Sale deed Nos.952/20025 and 953/2005 of SRO, Chavara and she was in possession and enjoyment of the property. There had been matrimonial dispute between the parties. During the said process, a sale deed came to be executed in respect of the petition schedule property in the name of the respondent and contention is that sale deed No.1977/08 dated 8/5/2008 of SRO, Chavara was executed under threat, coercion and undue influence. Alleging that the sale is void ab initio and is liable to be set aside, the Original Petition was filed before the Family Court.
(3.) The respondent denied the aforesaid allegation though he admitted the marriage and paternity of the children. It was inter alia contended that when the matrimonial dispute arose, relatives of both parties intervened and the respondent pronounced talaq with mutual consent and an agreement was executed evidencing the terms of divorce. It is further contended that the petition schedule property was originally purchased in the name of the appellant as per Sale Deed Nos.952/05 and 953/05 and respondent purchased that property from the appellant for a sale consideration of Rs. 5,50,000/- as per sale deed No.1977/08. Further, it is contended that it was utilizing the sale consideration, the appellant purchased another property in Re.Sy.No.433/3 of Kazhakoottam Village. He denied the fact that sale deed was executed under threat, coercion and undue influence.;
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