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2013 Supreme(Ker) 835

N.K.BALAKRISHNAN
ASSISTANT ENGINEER – Appellant
Versus
KARUNAKARAN KIDAV – Respondent


Advocates Appeared:
For the Appellant : A.J. Jose Aedaiodi
For the Respondent: N.L. Krishnamoorthy, K. Lakshmi Narayanan, Sathyashree Priya

JUDGMENT :

N.K. Balakrishnan, J.

Defendants are the appellants. The suit was filed by the deceased plaintiff for a declaration that the rose wood tree in dispute belongs to him and for a consequential mandatory injunction to remove the number/mark affixed on that tree. Ext. C5 is the plan prepared by the District Superintendent of Survey and Land Records which was produced by the Advocate Commissioner along with Ext. C6 report. The plot shown in Ext. C5 is admittedly the property held by the deceased first plaintiff, whose legal representatives are plaintiffs 2 to 6. Koyilandy-Thamarassery road is situated along the northern boundary of the plaint A schedule property. The plaint schedule property was purchased by the deceased plaintiff as per Ext. A1 sale deed dated 29.10.1971. The plaintiff contended that even in Ext. A1 specific reference was made about the trees situated in the property. Ten coconut trees and this rose wood tree are made mention of in Ext. A1. The defendants on the other hand contended that this rose wood tree is situated in P.W.D. road puramboku and so the plaintiff has no right over the property. The defendants affixed the mark and number to indicate that this r




























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