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1982 Supreme(Ker) 277

P.S.POTI, K.SUKUMARAN
State of Kerala – Appellant
Versus
Mundoli Hydru – Respondent


JUDGMENT

K. Sukumaran, J.

1. This appeal is by the State whose suit O. S. No. 5 of 1969 for recovery of possession of the plaint schedule property from the sole defendant, failed in the court below. (During the pendency of the appeal, the respondent defendant passed away and respondents 2 to 9 have been impleaded as the legal representatives).

2. Nilgiris - Wynad Division of the then Madras Presidency, as it existed in 1880's, with its 240 square miles area, smaller than the counties of Middlesex in England, or Louth in Ireland, or the shires of Haddington in Scotland or of Flint in Wales, presented the panoramic view of a long stretch covered with jungles, and threaded by several meandering streams, winding their way along successions of hills and dales. At about in altitude of 3000 feet, it was the scene of hectic activities of adventurous Europeans. A noteworthy feature of this plateau was the gold found in the roofs - gold coated invariably with sesquioxide of iron. The area contained many noted forests like Mudumalai and Benni Teak Forests, apart from other village forests. (See Ext. A10 proceedings of the Government of Madras No. 659 dated 8-7-1887 passed by the Hon'ble W. S.












































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