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2018 Supreme(Ker) 8

V.CHITAMBARESH, SATHISH NINAN
State of Kerala, Represented by Chief Secretary – Appellant
Versus
Peter John – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.L. Sajeevan
For the Respondents: M.P. Ramnath, M. Gopikrishnan Nambiar, P. Gopinath

JUDGMENT :

Chitambaresh, J.

1. The State of Kerala, the District Collector and the Special Tahsildar being the defendants assail the judgment of the trial court decreeing the suit which stands confirmed by the learned single Judge. We heard Mr. M.L. Sajeevan, the Special Government Pleader on behalf of the appellants/defendants and Mr. M.P. Ramnath, Advocate on behalf of the respondents/plaintiffs. We also heard Mr. M. Gopikrishnan Nambiar, Advocate on behalf of the additional respondent impleaded in this appeal being a beneficiary of the proceedings for acquisition initiated. The question of law that arises for consideration in this Appeal against First Appeal is:

Whether the trespassers could claim adverse possession without denouncing the title of the true owner necessary for a hostile animus apart from possession for the requisite period?

2. Declaration of title by adverse possession in respect of the plaint schedule property and mandatory injunction to pass an award under the Land Acquisition Act, 1894 in favour of the plaintiffs were sought in the suit. The plaint schedule property is 4.46 acres of land in Sy.No.949/5(R.Sy. No.113/2) of Chemmanad Village which admittedly belonged










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