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2000 Supreme(Ker) 475

D.SREEDEVI
C. Kunhammad – Appellant
Versus
C. H. Ahamad Haji – Respondent


Advocates:
K. G. Gouri Sankar Rai, For Appellant; D. Krishna Prasad, M. Harisharma and C.P. Damodaran Nayar, For Respondents.

Judgement

JUDGMENT :- This appeal is directed against the decree and judgment in A.S. No. 64/88 of the Sub Court, Kasaragod, which was filed against the decree and judgment in O.S. No. 208/82 of the Additional Munsiff's Court, Kasaragod. The plaintiff is the appellant.

2. The suit was filed by the plaintiff for possession of the portion of A schedule property which is alleged to have been trespassed by the first defendant for laying pipe line and for consequential mandatory injunction directing the first defendant to remove the pipe line within a time to be fixed by the Court and on failure of which to get it done through an officer of the Court at the expense of the first defendant. The plaintiff has also prayed for a decree of permanent injunction prohibiting the first defendant, his men and agents from trespassing into or in any way interfering with the possession and enjoyment of the A schedule property by the plaintiff and defendants 2 to 9.

3. According to the plaintiff, the plaint A schedule property originally belonged to late Mammunhi Haji, the father of the plaintiff. He had executed a rent deed in the year 1968 in favour of the plaintiff and his brother one C. Ibrahim. In t











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