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1996 Supreme(Kar) 591

M.F.SALDANHA
P. GOVINDASWAMY – Appellant
Versus
T. DEVARAJ – Respondent


M. F. SALDANHA, J.

( 1 ) THE dispute in this C. R. P. relates to a piece of land which measures 1 acre 32 guntas and bears No. 177, it is a coconut plantation and the plaintiff had contended that pursuant to a family partition which took place on 15. 10. 1965, this property came to the share of his father and that thereafter, the property belongs to him and that the revenue extracts reflect this state of affairs. It is principally on the basis of this material that the Trial Court granted an interim order in favour of the plaintiff. The respondent who is a close relation took the matter in appeal and the appeal court came to the conclusion that the material produced by the plaintiff such as the partition deed required to be scrutinised in evidence in so far as the defendant did not admit the correctness of this document and furthermore, the appeal Court relied on one crucial factor namely that in the year 1990 the revenue records reflected the name of the defendant. The plaintiff had appealed against this change and the Assistant Commissioner had confirmed the entry in question. The appeal Court on this basis came to the conclusion that the grant of interim relief to the plaintiff




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