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1983 Supreme(Ker) 187

BALAKRISHNA MENON
DAMODARAN SURAN – Appellant
Versus
KESAVAN MEENAKSITY – Respondent


Judgment :-

1. This second appeal at the instance of the plaintiffs is against the concurrent decision of the courts below dismissing their suit for declaration of title and recovery of possession of the plaint schedule property, 31 cents in extent, with a building thereon. The property belonged to Sekharan Nanu as per Ext.B2 assignment obtained by him in the year 1955. Shortly after Ext. B2 Nanu left for Malaysia and did not come back afterwards. His mother Kochali and sister Parvathy were in possession of the land and the building. The defendant was allowed to occupy a room in the building and later when the toother and the sister of Nanu vacated the building, the defendant occupied the entire building and is in possession of the same. Nanu assigned the property to the plaintiffs as per Ext. A2 sale deed in their favour on 15-4-1974. The document Ext. A2 was executed by Parvathy (Pw.2) on the strength of Ext. A5 Power of Attorney granted by Nanu to her. The plaintiffs seek recovery of possession of the property on the strength of Ext. A2 assignment in their favour. The defendant contended that she is the legally wedded wife of Nanu who left the country shortly after her marriage.


















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