NARAYANAN vs KUMARAN

The Supreme Court upheld the High Court's decision restoring the trial court's judgment which found that the disputed property was not included in the transfer executed by Kunjan to Kumaran under Ext.A1. The Court emphasized that the transfer was limited to the property specified in the C Schedule of Ext.B1, and any inclusion of the D Schedule property was a result of fraudulent misrepresentation. The Court also noted that the trial court's dismissal of the fraud claim was erroneous, thus reinforcing the principle that clear intent in property transfers must be honored under the Transfer of Property Act.