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1975 Supreme(Ker) 250

K.K.NARENDRAN
SATYABHAMAKUTTY PISHARASSIAR – Appellant
Versus
CHINNATHAN MASTER – Respondent


Judgment :-

1. Many a legal battle in Courts is fought as part of man's fight for existence or attempts to better his prospects. But the fight in this case is for the right to bury the dead. The 1st plaintiff in O. S. No. 386 of 1966 on the file of the Munsiff, Perintalmanna is the appellant in this second appeal. The above suit was one for a permanent injunction to restrain the defendants and their agents from entering the plaint schedule property and burying dead bodies therein. The learned Munsiff found the plaintiffs' possession and decreed the suit as prayed for. The first plaintiff's title to plaint schedule property was not disputed by the defendants. From the judgment and decree of the learned Munsiff the defendants appealed to the Subordinate Judge, Mancheri. Learned Subordinate Judge came to the conclusion that the plaintiffs did not succeed in proving their possession on the date of suit and hence could not be entitled for the injunction prayed for. Accordingly, the learned Sub Judge allowed the defendants' appeal and dismissed the suit with costs throughout. It is against the above judgment and decree of the learned Sub Judge that the first plaintiff has come up in this













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