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2021 Supreme(Ker) 652

N.ANIL KUMAR
T. K. Radhakrishnan, S/o. Kunjukuttan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.C.S.MANILAL, SRI.S.NIDHEESH
For the Respondent: SRI.T.JAYAN, SRI.VINOD SINGH CHERIYAN, SRI.T.M.KHALID, SMT.K.P.SUSMITHA, SRI.V.PHILIP MATHEW, SRI.JEPH JOSEPH

JUDGMENT :

Sri.T.K.Radhakrishnan, the appellant in this Regular Second Appeal instituted a suit as O.S.No.190/2015 of the Munsiff's Court, Changanacherry (hereinafter referred to as 'the trial court') for declaration of title and consequential recovery of possession over the plaint schedule item No.3 and also for a decree of mandatory injunction directing the defendants to restore item No.3 property to its original status and other reliefs.

2. The averments made in the plaint in brief are capitulated below for better appreciation:-

    The plaint schedule item No.1 property comprised in Re.Sy.No.255/21 of Kurichy Village having an extent of 1.10 ares of land was purchased by the plaintiff as per the sale deed No.274/2011 dated 3.2.2011. Likewise, an extent of 90 sq.m. of property in the very same survey number was purchased by the plaintiff on 19.5.2011 as per the sale deed No.1102/2011 of the SRO, Changanacherry. The plaintiff has been residing with his family in the above property for the last 4 years. He purchased the property from one Paulose. On the eastern side of the plaint schedule property is the Sankarapuram-Ikkaramattam road and towards the west-east, the Ayiroor-Vadakkethil ro

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