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2017 Supreme(Ker) 754

V.CHITAMBARESH, SATHISH NINAN
Kerala State Cashew Development Corporation Limited – Appellant
Versus
Binod Cashew Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C. Unnikrishnan, SC
For the Respondents: P.G. Parameswara Panicker, Sr. Adv. and P. Gopal, Adv.

JUDGMENT :

Sathish Ninan, J.

1. The 1st defendant in a suit for declaration and consequential reliefs is the appellant.

2. During the period at which the incidents which steered into this litigation occurred, there were restrictions on the procurement, sale and distribution of raw cashew nuts. Kerala Raw Cashewnuts (Restriction on Marketing) Order, 1976, Kerala Raw Cashewnuts (Procurement and Distribution) Order, 1977, Kerala Raw Cashewnuts (Restriction on Transport) Order, 1977 were in force. Collection of raw cashew nuts and its distribution were effected through the Kerala State Co-operative Marketing Federation. The dispute involved in the suit centres around the title over 375 bags of cashew nuts. The suit was decreed by the court below declaring title of the plaintiffs over the same. It is under challenge by the 1st defendant.

3. On 25.06.1980, police seized 375 bags of cashew nuts from the factory of the plaintiffs at Kalloorvila, alleging that the said goods belonged to the 1st defendant and was stolen in transit. Plaintiffs claimed that the goods belong to them and are not stolen goods. The 1st defendant, on the other hand, claimed title over it.

4. Heard Shri C. Unnikrishnan,















































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