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1983 Supreme(Ker) 203

SUKUMARAN
SAINA – Appellant
Versus
KONDERI – Respondent


Judgment :-

1. The fast process of urbanisation appears to have adverse impact on well-cherished values and human relations. A waning effect on the biblical exhortation to love one's neighbour seems to be one such ill-effect. Kennaway v. Thompson ((1980)3 All ER 329) is an instance of legal action where according to Lawton L. J. the parties forgot the message: 'live and let live'. This second appeal is the culmination of a feud between neighbours on a matter which can normally be treated as trivial. The principle underlying the litigation, however, is one of great importance. The cleavage of judicial opinion on the crucial issue is intense and sharp.

2. The parties hail from the City of Calicut. They own and possess adjacent plots, the plaintiff, the northern one and the defendant, the southern. Unikulan was admittedly the owner of the land'Nalukandi Paramba' comprising the plaint schedule property. Ext. Al is the demise dated 4-8-1893 relating to that land granted by the Kizhakke Kovilakam. Though the status of the plaintiff as the daughter of Unikulan had been contested, it was upheld by the trial court. The controversy was not pursued further. The 1st defendant came by possession






























































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