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1989 Supreme(Ker) 496

V.SIVARAMAN NAIR, P.K.SHAMSUDDIN
Savithri Ammal Vilasini Ammal – Appellant
Versus
Jayaram Pillai Padmavathi Amma – Respondent


JUDGMENT

V. Sivaraman Nair, J.

1. Defendants l and 2 in O.S.No. 90 of 1979 of the Sub Court, Pathanamthitta are the appellants. In that suit the respondent sought a decree setting aside Ext. A1 sale deed dated 8-12-1978, issue of permanent injunction against the defendants-the appellants herein, and recovery of possession from them of the suit property with mesne profits. The lower Court decreed the suit enabling the plaintiff respondent to recover possession from the appellants together with mesne profit at the rate of Rs.1,500/- per annum till recovery. Hence this appeal.

2. The facts which are necessary to appreciate the rival contentions are the following. The husband of the respondent, deceased Jayaram Pillai, got 11.95 Acres of land in Sy. No. 906/1-7 of Kunnathur Village as per partition deed No. 60848 of 1123. He assigned 2.25 acres out of that property under Ext. B2 document to the first defendant. 1.41 Acres of to the West of that land is the Suit property. Sri. Jayaram Pillai died on 31-12-1976. His widow-the respondent and her minor child were in enjoyment of the suit property since then. The first appellant's husband Gopalakrishna Pillai represented to the respondent tha

















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