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1998 Supreme(Ker) 44

S.MARIMUTHU
Noorudeen – Appellant
Versus
Umairathu Beevi – Respondent


Advocates:
M. M. Abdul Aziz and M. M. Saidu-muhammed, for Appellants; B. Krishnamani, for Respondents.

JUDGMENT :-

This appeal is directed against the judgment delivered by the District Judge, Kollam in A.S. No. 123 of 1989 dated 22-11-1991. The appellants are the legal representatives of the second defendant who were brought on record as defendants 6 to 8 on the demise of the second defendant. The original plaintiff Mytheen Kunju Abdul Rehman Kunju died pending the first appeal. Therefore his legal representatives have been brought on record as plaintiffs 2 to 5 who are the respondents along with other defendants 1, 3, 4 and 5.

2. The deceased plaintiff filed O.S. No. 622/83 before the Munsiff Court, Quilon for declaration of title and possession of the plaint schedule property, to set aside Ext. B2 sale deed and Ext. B3 hypothecation deed and for prohibitory injunction restraining the defendants from committing trespass into the suit property and from interfering with the enjoyment of the plaintiff. The plaint schedule property is 30 cents. The case of the plaintiff for consideration is as follows :

The deceased plaintiff got the suit property under Ext. A1 partition of the year 1967. The property is lying contiguous to the properties of the other sharers under Ext. A1. The first def



















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