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2012 Supreme(Ker) 1109

K.VINOD CHANDRAN
Ouseph Poulose – Appellant
Versus
Kuttappan Chothi – Respondent


Advocates Appeared:
K.C.Charles, P.M. Sebastian, P. Kesavan Nair, Advocates

JUDGMENT :

1. The legal representatives of the plaintiff in a suit for recovery of possession with mesne profits is before this Court in appeal. The original plaintiff filed the suit claiming recovery of possession of 98 cents of property, on the basis of Ext. A 1 settlement deed executed by one Rev. Fr. Thomas, the brother of the original plaintiff, in the year 14.10.1965. The plaintiff contended that earlier, himself, the executor of Ext.A1 and another brother had filed 0.S No.433/1973 against the father of the defendants claiming injunction against trespass into the 98 cents of property called 'Karimalathandu Purayidom'. In the said case, the father of the defendants had set up a claim of 'kudikidappu'. He also claimed that he has filed an original application under the Kerala Land Reforms Act, 1963 (hereinafter referred to as the KLR Act). However, there is nothing on record as to what happened in the said proceedings under the KLR Act. The defendants too are silent on that aspect

2. In any event, the defendants who are the sons of the defendant in the earlier suit, do not have a case with respect to any purchase certificate having been granted in favour of their father or them.

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