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2004 Supreme(SC) 933

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
State Of Kerala – Appellant
Versus
MOHD. KUNHI (DEAD) BY LRS. – Respondent


ORDER

1. The State of Kerala is in appeal questioning the validity and correctness of the impugned judgment passed by the High Court in the second appeal. The plaintiff filed the suit for declaration of title over the Plaint B schedule property and for consequential relief of injunction against the State on the basis that she had perfected her title over the suit property by adverse possession. The trial court, after a full-dressed trial on appreciation of evidence, recorded findings against the plaintiff and concluded that she failed to establish that she had perfected her title by adverse possession over the property in question. In that view, the suit was dismissed. The first appeal filed by the plaintiff was also dismissed by the first appellate court by a well-considered and elaborate order after reappreciation of documentary as well as oral evidence. The first appellate court concurred with the findings recorded by the trial court and held that the plaintiff had not succeeded in establishing the plea that she or her husband had been in possession of the property peacefully, uninterruptedly and adversely against the defendants for the last more than 30 years. The second appeal






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