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1973 Supreme(Ker) 325

K.BHASKARAN
Idreesu Kunju Shawkath Ali – Appellant
Versus
Nafeesa Beevi – Respondent


Advocates Appeared:
For the Appellant : P. Krishnamoorthy
For the Respondent: T.K. Kurian

JUDGMENT :

These two appeals arise from two suits in which the subject-matter is almost the same, though different reliefs are claimed for by the parties. S. A. No. 246 of 1973 is from O. S. No. 237 of 1970 on the file of the Munsiff's Court, Quilon; the other appeal is from O. S. No. 199 of 1970 of the same Munsiff's Court. These suits were tried together and disposed of by the learned Munsiff by a common judgment. Against those decrees the appellant in these second appeals filed A. S. Nos. 235 and 237 of 1972 (A. S. No. 237 of 1972 against O. S.199 of 1970 and A. S. No. 235 of 1972 against O. S. No. 237 of 1970). The respondent in S. A. No. 246 of 1973 had filed a cross-objection in A. S. No. 235 of 1972. In one of the suits, namely O. S. No. 199 of 1970, the brother and son of the respondent in S. A. No. 246 of 1973 are made parties as defendants 2 and 3, the first defendant in the suit being the respondent herself. In O. S. No. 237 of 1970 filed by the respondent in S. A. No. 246 of 1973, the appellant alone was the defendant.

2. There is not much dispute in regard to the facts leading to the institution of the suits. In the year 1964 the appellant herein had obtained a lease und




































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