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2018 Supreme(Ker) 669

P.B.SURESH KUMAR
Prasad S/o Bhaskaran – Appellant
Versus
Grave Chekkakkari Nadankari Padasekhara Committee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. C.S. Manilal, Sri. Karjet Koduvath Adv

JUDGMENT :

1. The plaintiffs in the suit are the appellants.

2. The facts relevant for adjudication of the questions raised in the second appeal are the following:

The plaintiffs are husband and wife. The plaint schedule property belongs to the plaintiffs absolutely and they are in possession of the same. The plaint schedule property forms part of a cluster of paddy fields (padasekharam) measuring approximately 360 acres and managed by a Committee. The first defendant in the suit is the Committee and the remaining defendants are its office bearers elected from time to time. Three motor pumps are installed at different places of the paddy fields by the Committee for draining out the water collected in the paddy fields and one of the said motor pumps is installed in the plaint schedule property which being one situated adjoining the river to which water is being drained out. It has been a practice to catch the fish by keeping fishing nets at the mouth of the motor pumps installed for draining out the water from the paddy fields. The case of the plaintiffs is that the fishery being their property, they have the exclusive right to catch the fish, notwithstanding the fact that the fishery










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