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2017 Supreme(Ker) 858

K.RAMAKRISHNAN
Kuriakose – Appellant
Versus
Varkey – Respondent


Advocates Appeared:
For the Petitioner:P.G. Parameswara Panicker, Senior Advocate, P. Gopal, Advocate.
For the Respondents:Peeyus A. Kottam, Advocate.

JUDGMENT :

1. Defendant in O.S.124/1984 on the file of the Munsiff Court, Muvattupuzha is the appellant herein. The suit was originally filed for injunction and subsequently amended for declaration of title and possession and injunction and later after remanded by the appellate court earlier, amended for recovery of possession on the strength of title. The case of the plaintiffs in the plaint was that, the plaint schedule property belonged to the original first plaintiff, who is the mother of the second plaintiff, who got the same as per Ext.A1 partition deed No.612/1922. The plaint schedule along with other portions having an extent of 501/2 cents on the northern side was allotted to the first plaintiff as B schedule to the partition deed and the remaining 501/2 cents on the southern side was allotted to be share of first plaintiff's sister Aley, who is the mother of the defendant as C schedule to the document. The total extent of the property so allotted was having an extent of one acre and one cent comprised in Survey No.778/15. While so, first plaintiff and Aley sold 83 cents of property out of the said one acre and one cent, excluding 18 cents belonged to the first plaintiff to



































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