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1989 Supreme(Ker) 131

BALAKRISHNAN
Mohanan – Appellant
Versus
Yesoda – Respondent


Judgment :-

The defendants in O.S.No. 265 of 1978 on the file of the Munsiff s Court, Cannanore are the appellants. The suit relates to 36 cents of land comprised in R.S.No. 69/6 in Elavoor Amsom, Chowa desom. The plaintiff filed a suit alleging that the plaint schedule property belongs to her. There is a "samadhi sthanam nagam" on the eastern side of the plaint schedule property. The plaintiff claims title and possession of the entire 36 cents inclusive of this "samadhi stanam nagam". The plaintiff alleged that she had been in possession of the plaint schedule property for the last 50 years and the income from this property was set apart for the conduct of poojas and other ceremonies in the aforesaid samadhi stanam nagam. In 1967, an R.C.C. building was put up in the property at the place of worship according to the wishes of the v Gurunadhan". Religious ceremonies are being performed in the "samadhi". Plaintiff further alleged that the defendants have no title or possession over the property. After the filing of the written statement submitted by the defendants, plaintiff amended the plaint and added paragraph 5a to the plaint. An additional prayer for declaration was incorporate




















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