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Showing contexts for: parasalai in Suriyanarayanan Potti (Died) vs Nirmala on 7 March, 2013Matching Fragments
15. Learned Counsel for the appellants relied upon the judgment of this Court reported in 2003 (1) CTC 539 (M.Manoharadhas v. C.Arumughaperumal Pillai and another) wherein a similar question arose when the vendor did not possess or own strip of land situate in Kerala State as per the sale deed then the sale deed is invalid as it constitute fraud under the statute. The relevant portion of the judgment is as under:
"8. The suit property is situate in Kanyakumari District and in the jurisdiction Sub-Registrar of Nagercoil. However, the first defendant had executed the sale deed Ex.B-1 dated 26.6.1985 at Parasalai of Kerala State. To enable such a sale, the property at S. No. 80/1, Parasalai Village in Neyyartin Karai Taluk, is shown as a security. The first respondent/plaintiff has produced Ex.A.6 Certificate from the Tahsildar stating that Sri Rajavel (D1) has no possession or ownership of the property in S. No. 80/1, which was shown as security for the Ex.B-1 sale. If there is no such property in existence, it follows that Ex.B-1 sale deed cannot be a valid sale.