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2010 Supreme(Ker) 838

P.BHAVADASAN
Jose Lalichan S/o. Antony Athipuzha – Appellant
Versus
Augustin S/o. Michael – Respondent


Advocates Appeared:
For the Petitioner:Roy Chacko, Tomy P.T. Advocates.
For the Respondent:S. Sanal Kumar, Advocate.

JUDGMENT :

P. Bhavadasan, J.

The defendants in O.S. 1176 of 1998 before the Munsiff's Court, Alappuzha are the appellants. The parties and facts are hereinafter referred to as they are available before the trial court.

2. The plaintiff claimed to be the absolute owner in possession of the suit properties, which consists of two items as per Ext.A1 dated 4.1.1989 and Ext.A2 dated 27.7.1998. Plaint item No.2 lies on the east, south and west of item No.1 property. According to the plaintiff, both the properties lie within well defined boundaries and demarcated from the rest of the properties. The second defendant is said to be residing in a hut in the property situate on the southern side of plaint items 1 and 2. The first defendant is the relative of second defendant and he resides with her. According to the plaintiff, the defendants are attempting to trespass into the suit property and reduce it into their possession. Therefore the suit.

3. The defendants resisted the suit. It is pointed out that the suit was a counter blast to O.S. 1021 of 1998 before the Munsiff's Court, Alappuzha, which has been filed by the defendants against the plaintiff. They disputed the title and possession of t






















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