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1990 Supreme(Ker) 497

S.PADMANABHAN
Yohannan Samuel – Appellant
Versus
Mathew John – Respondent


JUDGMENT

S. Padmanabhan, J.

1. In both the second appeals, same person is the appellant. He is plaintiff in O. S. No. 263 of 1980 and defendant in O. S. No. 282 of 1980 on the file of the Munsiff, Pathanamthitta. Defendants in O. S. No. 263 of 1980 are plaintiffs in O. S. No. 282 of 1980. These two suits were tried together and evidence was recorded in O. S. No. 263 of 1980. They were disposed of by a common judgment decreeing 0. S. No. 263 of 1980 and dismissing O. S. No. 282 of 1980. I will be referring to the parties as plaintiff and defendants in relation to O. S. No. 263 of 1980. Defendants filed A.S. No. 28 of 1983 against the decree in O. S. No. 263 of 1980 and A. S. No. 29 of 1983 against the dismissal of O. S. No. 282 of 1980. Both the appeals were allowed. O. S. No. 263 of 1980 was dismissed and O. S. No. 282 of 1980 was decreed. Both the second appeals were filed by the plaintiff. S. A. No. 260 of 1986 is against the appellate decision in A. S. No. 28 of 1983 dismissing O. S. No. 263 of 1980 and S. A. No. 262 of 1986 is against the decree in O. S. No. 282 of 1980 passed in A.S. No. 29 of 1983.

2. In both the suits, Item No. 1 are adjacent lands admittedly belonging to the r














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