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2003 Supreme(Ker) 729

R.BHASKARAN
Mohammed Koya – Appellant
Versus
Bichikoya – Respondent


JUDGMENT

1. This second appeal is filed by the plaintiff in a suit for injunction. The suit was decreed by the Trial Court; but in appeal the decree was set aside and the suit was dismissed.

2. According to the plaintiff, the plaint schedule property belonged to Kesava Menon. Kuttiassan was the lessee under Kesava Menon. After his death, in a partition, the plaint schedule property was partitioned among his legal heirs. The plaint schedule property was allotted to the defendant. The defendant orally entrusted the property to Veerankutty Mulla in 1976 and Veerankutty Mulla assigned the property to the plaintiff in 1986. He also obtained certificate of purchase from the Land Tribunal. Since the defendant and his men attempted to trespass into the plaint schedule property, the suit was filed.

3. The defendant contended that the oral entrustment in favour of the father inlaw of the plaintiff in 1976 is untrue. The plaintiff has no possession of the property and the plaintiff did not get any right on the basis of the assignment from his father inlaw. Before the Land Tribunal, the defendant was not a party. The Trial Court did not believe the oral evidence on either side. According to the T






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