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2015 Supreme(Ker) 615

B.KEMAL PASHA
ASOK KUMAR – Appellant
Versus
KOOTTALA KSHETHRA SAMITHY, REP. BY ITS PRESIDENT KUMARAN – Respondent


Advocates Appeared:
For the PETITIONER: SRI.DINESH R.SHENOY
For the RESPONDENT: SRI.M.P.ASHOK KUMAR, SRI.KRISHNA MENON, SC, SMT.K.M.RASHMI (PARAVOOR)

JUDGMENT :

Ext.P24 order passed by the court below is under challenge. The petitioner is the plaintiff in a suit for fixation of boundary and for recovery of possession. The plaintiff claims title over the property having an extent of 1.20 Acres in survey Nos.438/11-A and 438/11-B of the Kunnukara village. According to the petitioner, the said property was assigned through an order of the Land Tribunal in favour of the father of the petitioner namely, Achuthan Prabhakaran Nair, through assignment order dated 06.09.1988. Immediately after that, the father of the petitioner, as plaintiff, had preferred O.S.No.579/1989 before the Munsiff's Court, Paravur seeking a decree of perpetual injunction against some persons, thereby restraining them from obstructing the removal of earth from the property and also the cultivation by the plaintiff in the property. It seems that through judgment dated 31.08.1995, the Munsiff's Court, Paravur dismissed the suit by taking the view that the circumstances available in the said case would go to show that the possession of the plaintiff over the plaint schedule property was in his capacity as office bearer of the Koottala Devi Temple Committee and that

























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