BALAKRISHNA MENON, RAMAKRISHNAN
Mathai – Appellant
Versus
State of Kerala – Respondent
1. The question raised for consideration in this appeal related to the ownership of a piece of land formed as a result of a river changing its course. Since the question raised was found to he of public importance, the Second Appeal was referred for decision by a Division Bench. It is thus the Second Appeal has come up before us for consideration.
2. The facts necessary for deciding the question can be summarised thus: The river Manimalayar, before it assumed its present course, flowed over the plaint schedule property bearing survey No.87/1C in Nedumpram village, 82 cents in extent. It then formed part of the river bed at that point. The plaintiffs' father was holding lands on both sides of the river when it was flowing over the plaint schedule property. Thus on the west, Survey Nos.197/22 to 27 of Thalavady village and on the east Survey Nos. 243/23 & 24 of Nedumpram village were held by the plaintiffs' father.
3. While so, according to the plaintiffs, the river changed its course about 70 years prior to the date of filing the suit and began flowing through the properties in survey Nos.197/22 to 27 held by the plaintiffs father instead of survey No.87/1C of Nedumpram, w
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