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Wilfred Culas

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

The courts below have concurrently held that the appellants have failed to establish their title over the property in order to resist the execution. The vendor of the appellants has already failed in a similar attempt as evidenced by the judgment in A.S.No.1/2007 and SA.No.10/2007. The derivation of title to the property is on the basis that the erst while owner of the property by name Mary Fernandez had an adopted son by name Tennyson.M.Fernandez. But the adoption as alleged has been miserably failed to be established as found by the courts below. The mere fact that Tennyson.M.Fernandez had applied for a succession certificate is of no avail. This is because succession certificate is only an authority to collect the debts and does not decide the title to the property. There is no question of law much less any substantial question of law in this Execution Second Appeal. The Execution second Appeal fails, dismissed. Sd/-
V.CHITAMBARESH, Judge.
nj.
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Title

Wilfred Culas

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • V Chitambaresh
Advocates
  • S Balachandran