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2017 Supreme(Ker) 143

B.KEMAL PASHA
RATHIKUMARI – Appellant
Versus
K. M. RAJAN – Respondent


Advocates Appeared:
For the Appellant : SRI. K.A. HASSAN.
For the Respondent: SRI. T.R. ASWAS.

JUDGMENT :

B. KEMAL PASHA, J.

1. Challenging the concurrent findings entered by the Munsiff's Court, Kanjirappally, in O.S. No. 204 of 2008 and the Sub Court, Pala, in A.S. No. 116 of 2009, the plaintiff in O.S. No. 204 of 2008 has come up with this second appeal. The suit was originally one for injunction simplicitor. Subsequently, it was amended as one for fixation of boundary also.

2. The appellant was the wife of the 1st respondent herein. Subsequently, they fell apart. Respondents 2 and 3 are the parents of the 1st respondent. Respondents 4 and 5 are the sisters of the 1st respondent.

3. The case of the plaintiff in short is that she obtained 1 Acre and 15 Cents of property in total, which are described as Schedule Nos. 1 and 2 in the plaint, through two unregistered agreements. The property is situated in a settlement area, wherein most of the inhabitants are of the community "Malayarayans" which is a scheduled tribe. Their properties cannot be transferred through registered documents. According to the plaintiffs, therefore, she obtained these properties through two unregistered agreements. Subsequently, she approached the then Village Officer to obtain possession certificate in











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