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2013 Supreme(Ker) 955

N.K.BALAKRISHNAN
Vallikunnil Janaki Amma – Appellant
Versus
Sree Amruthamangalam Kshethram Moorthi – Respondent


Advocates Appeared:
For the Appellant :K.M. Firoz, M. Shajna and P.S. Ramalingam, Advocates.
For the Respondent:V.V. Surendran and P.A. Harish, Advocates.

JUDGMENT :

N.K. BALAKRISHNAN, J.

1. Defendants who concurrently suffered a decree for recovery of possession are the appellants. The suit was filed by Sri. Amruthamangalam Kshethram represented by the Devaswom Executive Officer. It is contended that the plaint schedule property belonged to Amruthamangalam Devaswom and that the defendants have trespassed into the said property and reduced it to their wrongful possession. It was contended that as per the order of this Court in CRP 1651/1990 the Commissioner, Hindu Religious and Charitable Endowment Board, Kozhikode had issued a Circular dated 4-2-1997 and directed the Devaswom to inquire and report about the unlawful possession and enjoyment of the properties belonging to the devaswom. Thus the plaintiff came to know that the defendants have trespassed into the plaint schedule property and reduced the same to their wrongful possession. A notice was sent to the defendants intimating the said fact. Since they did not surrender possession, the suit was filed.

2. Defendants filed written statement contending as follows :

Amruthamangalam Devaswom has no title to the property. The plaint schedule property belonged to Tharayil Mullappalli Achut




















































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