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2013 Supreme(Ker) 483

ANTONY DOMINIC, P.D.RAJAN
Thomas – Appellant
Versus
Ponnama Thomas – Respondent


Advocates Appeared:
For the Appellant:Bechu Kurian Thomas, Advocate.
For the Respondents:R2, Liji. J. Vadakedom, Advocate.

Judgment :

P.D. Rajan, J.

1. This appeal is preferred against the judgment of the Family Court, Kottayam at Ettumanoor in O.P.No.401 of 2002. Appellant, who filed the O.P, is the husband and the respondents are his wife and son respectively. The above O.P was filed for declaration of title over item No.1 of plaint schedule property, for permanent prohibitory injunction and other reliefs.

2. The brief facts that gave rise to this appeal are as follows. Petitioner is the owner in possession of plaint schedule item No.1 property by virtue of sale deed No.754/2008 of SRO, Ramapuram and he constructed a building therein in the year 1971. Plaint schedule property item No.2 was purchased by him by virtue of sale deed No.1825/67 dated 5.2.1967 of SRO, Ramapuram and he is in possession of both properties. Respondents 1 and 2 trespassed into item No.1 of the plaint schedule property and are residing in the building therein for the last three years. The second respondent is a drunkard, who had attempted to inflict bodily injury upon the petitioner and hence the petitioner is now residing in a rented building at Pala. The petitioner has no other property or source of income and hence, he deman













































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