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1993 Supreme(Ker) 95

T.L.VISWANATHA IYER
Aiysumma – Appellant
Versus
Mariyamma – Respondent


Judgment :-

The plaintiff who was successful in the trial court and who lost in appeal is the appellant. The suit was one for a permanent injunction restraining the two defendants-respondents from entering into she plaint schedule property, from dismantling and removing the fence and edus on all the sides and from doing anything which will change the character and lie of the property and from interfering with the peaceful possession and enjoyment of the same by the plaintiff. The properly concerned is 1.83 acres of land in Sy.No.1117/13 A and 17 cents in Sy.No.1117/138 of Thrikkakara North Village. It is styled as Kollatnparambu Purayidom, on the south-west and north of which are properties belonging to the defendants.

2. According to the allegations in the plaint, this property which formed part of a larger extent of 3.58 acres known as Kollamparambu Purayidom belonged to one Pakkayi who had two sons Pareed and Bava. There was a partition of Pakkayi's properties by Ext. A1 dated 7-12-1072 ME namely the plaint schedule property allotted to Parccd and southern portion which had an actual extent of 1.73 acres allotted to Bava. At that time the property had not been surveyed. Subsequen


































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