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1980 Supreme(Ker) 21

P.SUBRAMONIAN POTI, KUMARI P.JANAKI AMMA
Union of India – Appellant
Versus
Metherukunju Moosakutty – Respondent


Advocates:
T. R. G. Warrier, for Appellant, C. K. S. Panicker, P. G. P. Panicker, V. Bhaskara Menon, K. S. Radhakrishnan, K. S. Balakrishnan and Govt. Pleader, for Respondents.

Judgement

SUBRAMONIAN POTI, J. :- This appeal is by the Union of India against the decree of the court below granting injunction to the plaintiffs in the suit restraining the defendants, the State of Kerala as well as the Union of India from taking steps under the Kerala Revenue Recovery Act against the plaint schedule items for recovery of amounts claimed as due to the second defendant, Union of India. There are two plaintiffs in the suit, the second plaintiff being the wife of the first plaintiff. They claim to be the owners of the plaint schedule items, item No. 2 being the building situated an item No. 1 which is land of an extent of 22 cents. The plaint items were purchased by the plaintiffs under a sale deed, Ext. A1, dated 10-4-1967, executed by one Janaki Amma and 5 children. That the suit property originally belonged to one Velayudhan Pillai is not in dispute. It was inherited by his widow Janaki Amma and the 5 children, who jointly executed Ext. A1 sale deed. At the time the sale was taken by the plaintiffs the property comprised therein appears to have been. Out of the consideration of Rs. 40,000 a sum of Rs. 30,200 was reserved with the plaintiffs for discharging a prior









































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