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2011 Supreme(Ker) 1007

K.HEMA
Retnamma – Appellant
Versus
Mehaboob – Respondent


Advocates Appeared:
For the Appellant :K.S. Hariharaputhran, M.D. Sasikumaran, P.J. Joseph and George Mathew, Advocates
For the Respondent:Roy Chacko, Advocate

JUDGMENT :

K. Hema, J.

A suit was filed by plaintiffs-respondents before Munsiff Court, for fixation of boundary and recovery of possession of plaint schedule property. After trial, Munsiff Court dismissed suit. Aggrieved by the dismissal of the suit, plaintiffs-respondents filed an appeal. The Sub Court allowed the appeal and a decree was granted for fixation and demarcation of boundary, with reference to the boundary shown in Ext.C3, Surveyor's plan. A decree for recovery of possession was also granted in respect of the specific plot shown by the Surveyor in Ext.C3-plan and the said plan forms part of the decree. Aggrieved by the decree and judgment, the defendants in the suit has filed this second appeal.

2. Facts briefly: The suit was filed by respondents herein against appellants on the averments that they are the absolute owners of the plaint schedule property, as per Ext.A1, which is a sale deed dated 21.11.1966. Out of the said property, two plots having an extent of 10 cents and 7 cents were sold to one Kamaluddin and Jaleel respectively. Excluding the said property, 8 cents of property are still in possession of plaintiffs, which is fragmented into two pieces: the plot havin
















































































































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