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1996 Supreme(SC) 899

SUJATA V.MANOHAR, K.RAMASWAMY
K. Moosa Hajis Widow Kannadiyil Ayissu – Appellant
Versus
Executive Officer, Sree Lakshmi Narasimha Temple – Respondent


ORDER

This appeal by special leave arises from the judgment of the Kerala High Court dated March 20, 1995 made in S.A. No. 995/89. The admitted position is that the appellants predecessor one Mr. Vellu had entered into an agreement with the respondent Devaswam for construction of residential premises on an extent of 3-1/2 cents of land under Ex. A-1 dated November 25, 1921. The extent is of 5 x 7 six ft. Koles with a boundary specified thereunder. The building constructed on this land has Municipal No. 177. Thereafter it would appear that the appellant had extended their possession to 10-3/10 cents and 13-1/5 cents at different times. The respondent has filed the suit for eviction of the appellants and possession thereof. The trial Court and the appellate Court have dismissed the suit and the appeal. But in the second appeal, the High Court declared that the permission granted by the Executive Officer, Ex. B-8 does not confer any title. The appellants claim cannot extend beyond what has been granted to her predecessor in interest, Ex. A-1. Accordingly, it directed the trial Court to appoint a Commissioner to identify the land covered under Ex. A-1, demarcate the same and that rest





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