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1971 Supreme(Ker) 87

P.NARAYANA PILLAI
GOPALAKRISHNA GUPTAN – Appellant
Versus
AMMALU AMMAL – Respondent


Judgment :-

1. This appeal by the legal representative of the deceased plaintiff arises from a suit for injunction filed before the Munsiff, Ottapalam. The suit was dismissed by the Munsiff and that decision was confirmed in appeal by the Subordinate Judge.

2. The suit property is that blocked in S. Nos. 210/3 and 211 in Kadambazhipram Village. It belonged to Kongat Valiya Nair. In 1881 he demised it on kanam to one Krishnan Moothan and by successive assignments evidenced by Ext. A2 of 1919 and Ext. A3 of 1930 the rights of Krishnan Moothan devolved on the plaintiff's father. By Ext. A4 of 1933 the kanam was renewed. In Ext. A13 partition made in the plaintiff's family the property was set apart to the share of the plaintiff. In 1961 the second defendant, whose mother is the first defendant, trespassed upon the property and cut and removed timber saying that the property belonged to the first defendant. It was on these allegations that the plaintiff prayed for injunction restraining the defendants from trespassing upon the property and interfering with his peaceful possession of the same.

3. The contest of the defendants is confined to the property blocked is Survey No. 211. They den






















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