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1986 Supreme(Ker) 413

PADMANABHAN
PHILIP – Appellant
Versus
SKARIA – Respondent


Judgment :-

1. Plaintiffs are the appellants. O.S. 28/79 on the file of the Subordinate Judge, Thodupuzha was filed by them for recovery of possession of 6 acres 67 cents of land and a building standing thereon on the strength of their previous possession alleging dispossession by the defendants. The defendants denied possession and dispossession alleged by the plaintiff's and contended that they are in independent possession. They also pleaded that the suit is not maintainable in view of the provisions contained in S.20A of the Kerala Land Conservancy Act, here-in-after called 'the Act'. The trial court accepted the entire case of the plaintiffs, but dismissed the suit solely on the ground that it is not maintainable in view of S.20A of the Act. In A.S. 40/81 the only point urged and considered was whether the suit is maintainable. The District Judge, Thodupuzha agreed with the Subordinate Judge in this respect and dismissed the appeal. Hence the plaintiffs have come up in second appeal.

2. Admittedly, the plaint Schedule.6 acres 67 cents is land belonging to the Government. Item No. 2 is a building standing thereon. That was constructed by the plaintiffs. Plaintiffs were in posses



















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