Lawrance vs Stephiny
2022 Latest Caselaw 8358 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         FRIDAY, THE 1st DAY OF JULY 2022 / 10TH ASHADHA, 1944
                          RFA NO. 436 OF 2004 (B)
 AGAINST THE JUDGMENT & DECREE DATED 10.03.2004 IN OS No.105/2001 OF
                         SUB COURT, NEYYATTINKARA
APPELLANT/PLAINTIFF:

            LAWRANCE, S/o ALPHONSE,
            VADAKKE VEEDU (KAILAS), POOVAR DESOM,
            THIRUPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

            BY ADV SRI.BABY MATHEW


RESPONDENTS/DEFENDANTS:

     1      STEPHINY, D/o SERJI VOIE, SANGAMAM,
            KOTTAPPURAM, VIZHINJAM DESOM, NOW RESIDING AT SHIJU
            BHAVAN, RALIVILLA, KADAKKULAM, MULLOOR P.O., MULLOOR
            DESOM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

     2      VELANSHYA JOHN, D/o STEPHINY, SANGAMAM,
            KOTTAPPURAM, VIZHINJAM DESOM, NOW RESIDING AT SHIJU
            BHAVAN, RALIVILLA, KADAKKULAM, MULLOOR P.O., MULLOOR
            DESOM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

            R1 & R2 BY ADV SRI.L.MOHANAN




     THIS   REGULAR    FIRST   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RFA No.436 of 2004                      2

                                     JUDGMENT

The plaintiff came up in appeal aggrieved by the non-

grant of decree against the 2nd defendant and also that no

charge was created over the property of defendants for the

decree amount by the trial court.

The 2nd defendant was exonerated from the liability due

to privity of contract. The transfer effected by way of a

settlement deed by the first defendant to his daughter, the

2nd defendant, would not fall under Section 53 of the

Transfer of Property Act simply on the reason that

sufficient security was offered by way of deposit with a

nationalised bank for the decree amount. The allegation

that the title deed of the documents were handed over

itself will not create any charge over the property unless

the same amounts to a mortgage by deposit of title deed

governed by Section 58 of the Transfer of Property Act. No

such case was advanced. Hence, appeal fails, dismissed. No

costs.

Sd/-

P.SOMARAJAN JUDGE DMR/-