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1986 Supreme(Ker) 357

V.SIVARAMAN NAIR, SHAMSUDDIN
NARAYANAN – Appellant
Versus
KUNCHI AMMA PARUKUTTY AMMA – Respondent


Judgment :-

1. This revision petition arises out of an execution petition filed by the decree-holder in O.S. No. 541 of 1975 on the file of the Principal Munsiff 's Court, Parur.

2. The defendant judgment debtor is the revision petitioner. The plaintiff who is the respondent herein filed the above suit for eviction of the defendant after removing the shop-building therein and for recovery of arrears of rent.

3. It appears that when the suit was filed, the defendant filed O.A.No.120 of 1974 before the Parur Land Tribunal for purchase of kudikidappu right in respect of the same property alleging that he is a kudikidappukaran. The Land Tribunal rejected the petition on 30-11-1974 holding that the petitioner was not a kudikidappukaran and against that, the defendant filed L.R A.S. No. 523 of 1975 before the Appellate Authority (Land Reforms), Ernakulam. That was also dismissed on 7-10-1976. Thereafter the petitioner herein filed O.S. No. 181 of 1974 for injunction restraining the respondent herein from obstructing him from thatching and maintaining the building. That suit was also dismissed.

4. In O.S. No. 541 of 1975 the petitioner herein filed a written statement contending that he is a














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