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T. K. Bharathi, D/o. Sekhara Kurup – Appellant
Versus
Janaki Amma, D/o. Gopalan Nair – Respondent
JUDGMENT :
It is a case wherein the defendants 1 and 2, the co-owners, claimed adverse title based on two documents of ouster Exts.B1 and B2. Ext.B1 is the demand notice for partition of the year 1979 issued by the plaintiff to the 5th defendant, to which, the 5th defendant replied under Ext.B2 denying right, title and interest of the plaintiff over the property and claimed exclusive right, title and interest over the property. But no suit for partition or for any declaration instituted within a period of twelve years from the date of receipt of Ext.B2 reply. Ext.B2 reply was raised as an act of 'ouster' asserting exclusive right, title and interest by the 5th defendant over the property against the co-ownership right claimed by the plaintiff.
2. The essential questions came up for consideration in this appeal are :
(2) Whether there would be a valid 'ouster', unless coupled with disturbance of possession from that of a co-ownership to adverse ?
(3) Whether such exclusive possession in furtherance of the ouster should be maintained for the required period of
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