LAWS(KER)-2015-1-122

N SUKUMARAN NAIR Vs. BEENAKUMARI

Decided On January 13, 2015
N Sukumaran Nair Appellant
V/S
Beenakumari Respondents

JUDGEMENT

(1.) WHETHER a co -owner is entitled to alienate his undivided share without acknowledging the rights of other co -owners in the sale deed ? This is the substantial question of law propounded in this Second Appeal. According to the appellant, such a document is void, at the least voidable, and is liable to be cancelled under Section 31 of the Specific Relief Act, 1963.

(2.) HEARD the learned counsel for the appellant and perused the records.

(3.) FACTS relevant for resolution of the dispute are as follows :