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2020 Supreme(Ker) 556

SUNIL THOMAS
Pavangad Sreenivasan S/o Kunhikoru Vaidhyar – Appellant
Versus
Pavangad Nirmal S/o Padmanabhan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. V.V. Surendran, Sri. P.A. Harish.
For the Respondents: Sri. K.M. Firoz, Smt. M. Shajna, Sri. S. Kannan, Sri. K. Lakshminarayanan, Smt. Sathya Shreepriya.

JUDGMENT :

SUNIL THOMAS, J.

1. The original petitioners are the plaintiffs in O.S. No. 258/2006 of Sub Court, Kozhikode, which is a suit of recovery of possession.

2. The plaintiffs claimed that, plaint A and B schedule properties belonged to Pavangad Illom. The plaintiffs are the successors of one Unnimaya Antharjanam born in her matrimonial relationship with one Chirukandan Vaidyar. The defendants are the successors in interest of Chirukandan Vaidyar born in his relationship with one Chirutha, whom Chirukandan Vaidyar had married after the death of Unnimaya Antharjanam. Plaint B schedule property devolved on Unnimaya Antharjanam and thereafter on her children born to Chirukandan Vaidyar. The properties acquired by Chirukandan Vaidyar were partitioned pursuant to a decree in O.S. No. 21/1976 on the file of the Sub Court, South Malabar. Plaint B schedule was not included in the said suit since it was not an acquisition of Chirukandan Vaidyar and was possessed and enjoyed by Unnimaya. Pursuant to revenue settlement, Pavangad Illom paramba was later called Kizhakke Pavangad and Vadakke Pavangad. The properties of Unnimaya Antharjanam were recorded in the revenue settlement in the name o

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