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1960 Supreme(Ker) 410

K.SANKARAN, P.G.MENON
Veerasikku Gounder – Appellant
Versus
Kurian – Respondent


JUDGMENT

K. Sankaran, C.J.

1. The additional 2nd plaintiff in O.S. 92/1116 on the file of the Kottayam District Court is the appellant. The final decree in that suit was passed by the High Court. Plaint items 2 to 5 & 9 to 11 were in the possession of defendants 17 to 24 on the strength of two sale deeds, Exts. B & E. By the final decree passed in the suit, both these sale deeds were set aside and the 2nd plaintiff was allowed to recover possession of these items from defendants 17 to 24 with mesne profits from 7-11-1118 onwards and on payment to the defendants the value of improvements, if any, effected by them subsequent to the date of the sale deeds. The value of such improvements as also the quantum of mesne profits were directed to be determined in execution. The Meenachil Sub-Court where the decree is being executed, issued a commission to report about the mesne profits payable to the 2nd plaintiff and the value of improvements effected by the defendants. The amounts payable under these two items were fixed by that court after considering the commission report and other material items of evidence. In the present appeal preferred by the 2nd plaintiff against that order, he has c









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