ELEMENTS OF TRUST ARE INVOLVED IN FIDUCIARY RELATIONSHIPS AND IN THE ENTRUSTMENT OF CASE/ORNAMENTS/ARTICLES:KERALA HIGH COURT
The High Court of Kerala passed a judgement on 1 March, 2023 stating that Elements of trust are involved in fiduciary relationships and in the entrustment of case/ornaments/articles.. It was stated in the case of Adbulla Koya Thangal vs Hafsath Beevi (O.P.(C) No.1496 of 2022) which was passed by the single judge bench comprising of JUSTICE SATHISH NINAN
FACTS OF THE CASE:
The petitioner and the respondent are a divorced couple. The claim of the respondent for various amounts entrusted with the petitioner-husband at the time of marriage etc. were settled in Lok Adalat. As per the settlement, the settled amount of ` 15,40,000/- was agreed to be paid on or before 25.09.2018. It provided for a default clause as per which, on failure to comply, the petitioner was liable to pay interest on the amount, at the rate of 12% from 09.02.2018.There was a default on the side of the respondent. Hence, this petition.
JUDGEMENT OF THE CASE
The execution court has on appreciation of evidence found that the petitioner interest over immovable property and that there is income from the property etc. From the deposition of the petitioner-judgment debtor it has come out that he was using a Swift Dzire car; though it is stated to be in the name of his brother, no evidence in the said regard is produced. He was aged 53 years at the time of tendering evidence. It could not be assumed that the petitioner lives without any income. The claim of the respondent-decree holder that the petitioner is engaged in the business as pointed out by her is only probable. The execution court has appreciated the materials and has found that the petitioner is possessed of means. No interference is called for with the order impugned.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.