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1987 Supreme(Ker) 586

JOHN MATHEW
VAREED – Appellant
Versus
SUKUMARAN – Respondent


Judgment :-

1. One Sreedharan, son of Thathanath Kalliani Amma, Pazhanji Village. Talappilly Taluk (hereinafter referred to as the original plaintiff) filed O.S. No. 354 of 1980 in the Munsiff's Court, Chavakkad, for recovery of possession of a building with arrears of rent. By judgment dated 2-2-1982 the suit was decreed in his favour. The defendant who hereinafter referred to as the judgment-debtor, filed A.S. No. 88 of 1982 before the District Court. Trichur challenging that judgment and decree. The notice to the respondent therein, (original plaintiff) seems to have been returned unserved. Subsequently respondent's notice was published in the 'Mathrubhoomi' daily, Seeing the publication the wife, minor children and mother of the original plaintiff filed I.A 338 of 1983 before the appellate court to implead them as additional respondents in the appeal. In the affidavit in support of that application filed by the wife of the original plaintiff it was stated that the original plaintiff was employed in Military. From 15-1-1982 to 29-1-1982 he was on casual leave and came home on leave. On 8-2-1982 he proceeded to Srinagar by K.K. Express from Trichur. Thereafter he was not heard of




































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