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1966 Supreme(Ker) 360

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
The State Of Kerala – Appellant
Versus
The Nellithanam Rubber And Produce Company Limited – Respondent


JUDGMENT

T.S. Krishnamoorthy Iyer, J.

1. The appeal filed by the defendant - the State of Kerala arises out of a suit filed by the Nellithanam Rubber & Produce Co. Ltd., represented by its Managing Director Dr. M. K. Antony for declaration of title to and possession of the plaint properties covering an extent of 174 acres and 21 cents in Pallivasal pakuthy and to compel the defendant to register the land in favour of the plaintiff. The suit was decreed by the court below. The facts which are stated below are not disputed between the parties.

Dr. M. K. Antony filed an application, Ext. P-1, dated 24-2-1937 (13-7-1112) for getting registry of 150 acres from Survey No. 19/1 of Pallivasal pakuthy puduval land belonging to the State in Form A prescribed by the Cardamom Rules dated the 30th September, 1935, framed by the Travancore Government under S.7 of the Land Assignment Act, III of 1097. After the preliminary enquiry contemplated in R.5 of the Cardamom Rules the application was admitted by the Commissioner, Devicolam, on 29-4-1937 (17-9-1112). Notices under R.6 were published and no objections were received and the Tahsildar, Devicolam, forwarded the records to the Commissioner, Devico



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