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2017 Supreme(Ker) 1010

B.KEMAL PASHA
William Babu – Appellant
Versus
Helma Roy Alias Emily Carmel – Respondent


Advocates Appeared:
For the Petitioners:G.S. Reghunath, Advocate
For the Respondents:M.R. Anandakuttan, Caveator, M.A. Zohra, Mahesh Anandakuttan, Advocates

JUDGMENT :

1. Challenging the concurrent findings entered by the Principal Munsiff's Court, Thiruvananthapuram in O.S.No.925/2001, followed by those of the Additional District Court-III, Thiruvananthapuram in A.S.No.121/2012, the defendants in the suit have come up with this second appeal.

2. The suit is one for declaration of title and possession, recovery of possession of plaint A and B schedule properties with mesne profits in case the defendants are found in possession of the same, and for perpetual injunction. A relief of mandatory injunction has also been sought for, for directing the defendants to vacate the plaint B schedule property.

3. The plaint A schedule property, having an extent of 28 cents, is in Survey No.2739/1/2 of the Kadakampally Village and the same originally belonged to late Macri D' Cruz and her husband Joseph D' Cruz. They settled the property in favour of their daughter Pauline James and her husband James as per Ext.A1 settlement deed No.2985/1122 ME. According to the plaintiff, Pauline James and her husband James had four children namely Mary James, Mercy James, Margaret and Mourin Presca, out of whom Margaret is no more. They are all settled in Singapore,






































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