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1998 Supreme(Ker) 25

S.MARIMUTHU
Uthrammal C. K. Vasanthi Thamburatti – Appellant
Versus
Krishna Panicker – Respondent


Judgment :-

S. Marimuthu, J.

Plaintiff is the appellant and the defendant by name Krishna Panicker representing the Kuruvanthatta Vattakkunmbad Thiyya Samudaya Sangham is the respondent. The suit was originally filed for an injunction and then it was amended for recovery of the suit property. The suit property lies in R.S No. 32/5. The case of the appellant-plaintiff, in short, would be as follows: the entire property measuring 82 cents in the said survey number originally belonged to the Chirakkal Kovilakom, a royal family, in which there was a partition under Ext. A1 in the year 1956. In the said partition, item No. 9 schedule No. 25 was allotted to the plaintiff-appellant, who is a member of the said family. Out of the 82 cents in that item, for 25 cents, there was a lease in favour of one Saidu Muhammed Koya Thangal, who filed a petition for the purchase of this 25 cents before the Land Tribunal and got the purchase certificate. Out of the balance of 57 cents, a small portion was taken in for the formation of the Panchayath Road. Now the balance, namely, 57 minus the above said portion taken for the road is the suit property for which the suit has been filed. The case of the def






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