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2003 Supreme(Ker) 398

PIUS C.KURIAKOSE
Rosily – Appellant
Versus
Annam – Respondent


Judgment :-

1. The defendants in a suit for recovery of possession under S. 6 of the Specific Relief Act are aggrieved by the positive decree which is passed against them in respect of the suit schedule property-land having an extent of 3.540 cents in Survey NoS.228/3 and 228/5 of Kaduppassery Village.

2. I will refer to the parties as they were before the trial court. According to the plaintiffs, 'B' schedule property is part of 'A' schedule property having a total extent of 2 acres and 12.540 cents. 'A' schedule is described as comprised of 2.09 acres in Survey Nos. 214 and 3.280 cents in Survey No. 228/5 and 0.260 cents in Survey No.228/3. 'A' schedule property is also described as property covered by Will No.71/89 executed by Vareed and described in the commission report in O.S.715/97, a previous suit between the parties. According to the plaintiffs, 'A' schedule property stood separated from the defendants' property on its south by well-defined boundaries and the first plaintiff's father had maintained a retaining wall with jungle stones on its southern boundary. According to the plaintiffs, a portion of this retaining wall was destroyed by the defendants and O.S. 715/97 was in













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