SANTHOSHJI. K.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a Power of Attorney, who filed a suit on behalf of his sister-in-law; the plaint in which is produced at Exhibit P1. The 7th respondent is one of the defendants in the suit. The contention is that the 1st defendant in the suit had agreed to convey the property to the sister-in-law of the petitioner, who had also paid advance amounts in lieu of part consideration. It is the contention of the petitioner that they were also put in possession of the property.

(2.) The suit is for specific performance of the agreement executed between the sister-in-law of the petitioner and the 1st defendant. While the suit is pending, the 1st defendant died and the legal heirs of the 1st defendant had conveyed the property to the 3rd defendant, who is the 7th respondent in the writ petition. It is contended that the 7th respondent is a known goonda in the area and that he has been constantly threatening the possession and enjoyment of the property.

(3.) The 7th respondent appears through Counsel and submits that there was no such agreement between the 1 st defendant and the petitioner's sister-in-law. It is also contended that the 7th respondent is in possession of the property. The 7th respondent alleges that the suit itself is an abuse of process of law.