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2014 Supreme(Ker) 106

K.HARILAL
Abraham Mathew – Appellant
Versus
Mariamma Yohannan – Respondent


Advocates Appeared
For the Appellants:Jacob P. Alex, Joseph P. Alex, Advocates, T. Krishnan Unni, Sr. Advocate.
For the Respondent:Bechu Kurian Thomas, Advocate.

Judgment

1. The appellants herein are the defendants in O.S. No.166/05 on the files of the Munsiff's Court, Ranni, as well as the appellants in A.S. No.24/08 before the Additional District Court, Pathanamthitta. The respondent was the plaintiff in the trial court and the respondent in the lower appellate court.

2. The suit was one for mandatory injunction, seeking a direction against the defendants to surrender the possession of the plaint schedule property and the building therein and in the event of defendants refusing to do so to evict them through court and also for a permanent prohibitory injunction restraining the defendants from committing any acts of waste in the property.

3. Briefly put, the averments in the plaint are as follows: The plaintiff is the wife of one Yohannan, the deceased younger brother of the 1st appellant. The 2nd and 3rd defendants are the wife and son of the 1st defendant. According to the plaintiff, the plaint schedule property belonged to the above said Yohannan, as per sale deed No.911/1977 of Ranni SRO. After the death of Yohannan on 3/2/1990, the property devolved upon the plaintiff and her two children - Sabina and Jobina. As the plaintiff and her h






























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