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2010 Supreme(Ker) 242

THOMAS P.JOSEPH
Ambujakshyamma – Appellant
Versus
Kesavan Kamalasanan – Respondent


Advocates appeared:
For the Petitioners:R.D. SHENOY (SR. Advocate), Advocate. For the Respondents:JACOB P. ALEX, Advocate.

Judgment :

Suit property, it is not disputed originally belonged to Narayani amma, mother of appellant and respondent No.1. While so, she executed Ext.B1, settlement deed No.4197 of 1984 dated 13.12.1984 purporting to transfer her right in the suit property in favour of respondent No.1 but of course reserving a right to take usufructs from the property and to reside in the building that may be constructed in the said property during her lifetime. After about two years on the premise that conduct of respondent No.1 towards her has changed she chose to cancel Ext.B1, settlement deed as per Ext.A2, cancellation deed No.2362 of 1986 dated 22.5.1986. That was followed by her executing Ext.A1, settlement deed No.495 of 1992 dated 5.3.1992 in favour of the appellant allegedly transferring her right, title and interest. In the year, 1995 apprehending trespass by respondents appellant filed O.S. No.131 of 1995 seeking declaration of her title and possession of the suit property and for prohibitory injunction.

Respondents resisted the suit and made a counter claim contending that appellant has no title or possession of the suit property and that it belonged and is in the possession of respond




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