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1953 Supreme(Ker) 120

SANKARAN, VITHAYATHIL
State – Appellant
Versus
Parvathi – Respondent


Judgment :-

1. Defendant, Travancore-Cochin State, is the appellant in this case, The suit is for declaration of plaintiffs' title to the plaint property, for recovery of possession of it from the defendant who has taken possession of it under S. 25 of the Travancore Revenue Recovery Act and for a permanent injunction restraining the defendant from selling the property under that Act. The first plaintiff is the widow and plaintiffs 2 to 4 are the children of one Ayyappan Ummini who is dead. The plaint property belonged to Ummini. Ummini executed a gift deed, Ext. B, in respect of the property in favour of his wife and children on 7.12.1105. Ummini had bid a toddy shop for the years 1106 and 1107 but he failed to deposit the security amount and to execute the necessary agreement. The shop was therefore resold and in the resale Government incurred a loss of Rs. 1053-8-0. For this amount Government attached the property in 1110 under the Revenue Recovery Act, assumed management of it under and S. 25 of the Act and let it on Kuthakappattom. The plaintiffs objected to the attachment contending that Ummini had no right in the property. The objection was overruled and steps were taken for

















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