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1971 Supreme(Ker) 9

V.P.GOPALAN NAMBIYAR, P.T.RAMAN NAYAR, K.K.MATHEW
OUSEPH LONAN – Appellant
Versus
KOCHUNARAYANA PISHARADY – Respondent


Judgment :-

1. This is a second appeal filed by the 4th defendant and the legal representatives of the 1st defendant from the appellate order passed in execution of the decree for recovery of possession of the plaint property in O. S.91/1121 on the basis of the 1st plaintiff's title to it.

2. Item No.1 of the plaint schedule belonged to the predecessor-in-interest of the 1st plaintiff. It was leased by him to the father of the 1st defendant and grandfather of the 4th defendant in 1070. The lease was subsequently terminated and a suit instituted as O.S. 164/1100 for recovery of possession of the property based on the determination of the lease. The suit was decreed by the trial court in the year 1102. The appeal preferred from the decree was dismissed by the lower appellate court, and in SA. No. 702/1107 the High Court on 2-6-1110 confirmed the decrees of the courts below by Ext. C decree. This decree was not executed and it became barred by limitation on 2-6-1116. Thereafter the plaintiffs instituted OS. 91/1121 for recovery of possession of the property on the basis of the 1st plaintiff's title to it alleging that the lease in favour of defendants 1 and 4 had terminated by the decr











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