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1959 Supreme(Ker) 222

S.VELU PILLAI, M.S.MENON
Joseph Alias Kochu – Appellant
Versus
Makkaru Pillai – Respondent


Judgment :-

1. This is an appeal by defendants 2,11,17,19 to 24, 31, 35, 38, 46 and 104 in 0. S. No. 65 of 1952 of the court of the Subordinate Judge of Tellicherry. The suit was for the recovery of possession of the items of property described in the schedule to the plaint on the strength of the plaintiff's title, of Rs. 1200 as mesne profits for the three years immediately preceding the suit and of future mesne profits at the same rate, i. e., Rs. 400 per year.

2. The contentions of the plaintiff are summarised as follows in Para.2 of the judgment under appeal;

"The plaint schedule- properties belong in Jenm to Kizhakkadath Kovilakam. These properties were in the possession of Pakaadavath Chandu on kanom Kuzhikanom right under the Kovilakam as per kanom document dated 5 51919 The rights of Chandu were acquired by the plaintiff by assignments dated 3 41943 and 23121944 from the heirs of Chandu. The plaintiff obtained a renewal from Kizhakkedath Kovila-kom as per document dated 27 41943- The plaintiff instituted O. S.4 of 1945 on the file of this court for a declaration of his title and for a permanent injunction against defendants 1 to 12 and others when they attempted to tresspass



































































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