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2015 Supreme(Ker) 503

P.B.SURESH KUMAR
SALMA BEEVI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. M.A. ABDUL HAKHIM, SRI. M.G. ANON.
For the Respondent: GOVERNMENT PLEADER SRI. EGY. N. ELIAS.

JUDGMENT

This is an appeal by the plaintiff in a suit for declaration of title, recovery of possession and injunction.

2. The plaint schedule property is an item of property measuring 70 cents comprises in Survey No.1968 of Madavoor Village. According to the plaintiff, the plaint schedule property obtained by her mother Mariyam Beevi @ Chitty Ashya Ummal by virtue of Ext.A1 “Sthreedhana kuri” of the year 1092 ME was devolved on her and her brother Abdul Kareem on the death of their mother. It is also the case of the plaintiff that her brother Abdul Kareem released his rights over the property in her favour as per Ext.A2 release deed of the year 1986 and thus she became the absolute owner of the same. It is alleged in the plaint that on the basis of the permission granted by the maternal grandfather of the plaintiff namely late Kunju Pakky, the Police Department was using the building in the plaint schedule property as a police outpost on a licence arrangement. It is also alleged in the plaint that the defendants who have no right in the property are attempting to construct a building therein. The plaintiff, therefore, claimed in the suit a decree declaring her title and possession ov























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