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2005 Supreme(Ker) 512

K.T.SANKARAN
Kodiyan – Appellant
Versus
Karambi – Respondent


Judgment :-

The defendants in the suit filed by the respondent for recovery of possession are the appellants. The plaintiff is the sister of the first defendant. Defendant No.2 is the son of the first defendant and defendant No.3 is the wife of defendant No.2. The trial court decreed the suit, which was confirmed in appeal. The only contention raised by the appellants is that they have perfected title by adverse possession and limitation and, therefore, the suit is liable to be dismissed.

2. The plaint schedule property is having an extent of 3 cents. An extent of 6 cents of land including the plaint schedule property jointly belonged to Karambi (the plaintiff) and her brother Ayyer, as per Ext.A1 assignment deed of the year 1963. In 1998, as per Ext.A2, Ayyer, the brother of the plaintiff, relinquished his half right in respect of the plaint schedule property in favour of the plaintiff. In Ext.A2 it is recited that out of the total extent of six cents, an extent of three cents of land was transferred in favour of the daughter of Ayyer by the plaintiff and Ayyer and that by that assignment deed half right of Ayyer in the six cents of land was really satisfied. However, since technic




















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