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2001 Supreme(Ker) 93

D.SREEDEVI
K. L. D. & M. M. Board Ltd. – Appellant
Versus
Achuthan – Respondent


Judgment :-

D. Sreedevi, J.

The appellant is the Addl. 5th judgment in O.S. No. 564 of 1986 of the Munsiff s Court, Idukki, and the appellant in A.S. No. 29 of 1995 of the District Court, Thodupuzha. The 1st respondent herein filed the above suit for a decree of permanent injunction restraining the appellant from trespassing into the A and B Schedule properties. The plaint schedule property is having a extent of 3 acres 96 cents comprised in Sy. No. 185/1 of Vagamon village. He claims title and possession over the property under the patta issued in his favour in the year 1980. The defendants have got extensive land on the western side of his property.

The plaint B schedule is the western 46 cents of A schedule property. The suit was later amended to one for recovery of possession of B Schedule property after declaring the plaintiff's title over the same and to restrain the defendants from trespassing into the plaint A schedule property.

2. The defendants filed written statement contending that the K.L.D. & M.M. Board is a Government undertaking, that the plaint B schedule property belonged to the Board, that the description of the plaint property is not correct, that the plaintiff has
















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