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1965 Supreme(Ker) 357

T.C.RAGHAVAN, P.T.RAMAN NAYAR
REV. FATHER K. C. ALEXANDER – Appellant
Versus
NAIR SERVICE SOCIETY LTD. – Respondent


Judgment :-

1. This appeal is by a plaintiff whose suit for possession, mesne profits, and compensation for waste has been dismissed as against the 1st and 2nd defendants and 75.76 acres out of the 131.23 acres of land in suit (the court below has found that the actual extent of the suit land is only 118.85 acres but the difference in area is of no consequence) and has been decreed only as against the remaining defendants, defendants 3 to 6, and the rest of the land. The plaintiff seeks a decree against the 1st defendant and the rest of the land as well the 2nd defendant is only a servant of the 1st defendant Society and has no independent title or possession.

2. The suit land is the plot marked L (0 in the plan Ext. L (prepared by the commissioners in some other proceeding, C. M. A. No. 206 of 1110 of the High Court of Travancore, and proved by one of them who was examined as pw.10 in this suit); L (i) (a) is the land in respect of which the suit has been decreed; and L (i) (b) is the land in respect of which it has been dismissed. Adjoining the suit land to the east is the land marked L (2) in Ext. L, the true area of which has been found by the lower court to be 172.38 acres but





































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