Supreme Court of India · 2004-03-16
Narayanan vs Kumaran & Ors
- Citation / case number
- AIRONLINE 2004 SC 887
- Court
- Supreme Court of India
- Petitioner
- Narayanan
- Respondent
- Kumaran & Ors
- Author
- Ar. Lakshmanan
- Bench
- R. C. Lahoti, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court upheld the High Court's decision restoring the trial court's judgment which determined that the disputed property was not included in the transfer executed by Kunjan to Kumaran under Ext.A1. The Court emphasized that the deed of settlement (Ext.B1) clearly specified the property allotted to Sumathi and that the D Schedule property remained with Kunjan. The Court ruled that the trial court's finding of limitation was incorrect and that the plea of fraud was valid, thus allowing the appeal and affirming the rightful ownership of the disputed property by the appellant.