Indian Kanoon - Search engine for Indian Law

20.Learned counsel for the first respondent also relied upon the decision of this Court reported in 2003 (1) CTC 539 (M.Manoharadhas v. C.Arumughaperumal Pillai and another), in para-8 and 12, it is held as follows:

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.