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1969 Supreme(Ker) 86

M.MADHAVAN NAIR
K. P. NARAYANAN NAMBIAR – Appellant
Versus
A. RAMAN CHETTIAR – Respondent


Judgment :-

1. This appeal is by defendants 1 to 3 in a suit for declaration of title and possession, or, in the alternative, for recovery, of landed property.

2. The plaint schedule describes the suit property as 10 acres in the 138 acres 30 cents being R. S. No. 48 of Keezhur amsom. But, at the trial he confined his claim to 7 acres 20 cents which is marked as plot 'A' in Ext. Cl, the commissioner's plan, which plot only will therefore be referred to hereinafter as the suit property. Plaintiff claims the suit property to belong to the Kavut Parambil Ganapathi Devaswom, whose uralers are defendants 4 to 7, from whom he claims to have obtained a lease evidenced by the Marupat Ext. B35 (Copy is Ext. Al) executed by himself on February 23, 1948. It recites lease of 20 acres of land and its prior possession to have been with plaintiff under an oral lease of the year 1935 (1110 M. E.) The plaintiff alleges to have been obstructed by defendants 1 and 2 when he put up a shed on the property in 1953, which culminated in proceedings under S.145 Crl. P. C. before the First Class Magistrate, Tellicherry, who declared the letter to be in possession of the suit property and a Criminal Revision





































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