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2008 Supreme(Ker) 64

K.PADMANABHAN NAIR
S. N. D. P. Yogam – Appellant
Versus
Ammini – Respondent


Advocates Appeared:For the Petitioners:M. Rajasekharan Nayar, Advocate. For the Respondents:K. Ravikumar, Advocate.

Judgment :

These two appeals arise from the decree and judgment passed by the court below in O.S.No.69/1980. A.S.No.199/1999 was filed by the plaintiffs challenging that part of the decree by which their prayer for recovery of plaint B and C schedule properties was disallowed. A.S.No.449/1999 was filed by defendants 2 to 10 and 12 to 16 challenging a finding of the Land Tribunal that they are not entitled to get fixity of tenure over 69 cents of land which is part of B schedule. For the sake of convenience the parties will be referred to as arrayed in the court below.

2. Plaintiffs filed the suit for a declaration that B and C schedule properties and the temples situated in B schedule are in the ownership and possession of first plaintiff and defendants 2 to 10 have no manner of right, title, interest or possession over B and C schedule properties and also for directing defendants 1 to 10 and 12 to 17 not to disturb the peaceful possession of plaintiffs over B and C schedule properties and in the alternative for recovery of possession of B and C schedule properties and temples from defendants 2 to 10 with mesne profits.

3. The following are the material averments in the plaint. Plai

















































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