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2024 Supreme(Ker) 32

A. BADHARUDEEN
Poyil Salim, S/o Pokker Haji – Appellant
Versus
Thazhe Kandoth Mariyam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SABU GEORGE, P.B.KRISHNAN, P.B.SUBRAMANYAN, MANU VYASAN PETER

JUDGMENT :

Defendants 2 to 4 in O.S.No.50/2016 on the files of Munsiff Court, Nadapuram have filed this Second Appeal under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure assailing the decree and judgment in A.S.No.5/2021 on the files of Sub Court, Vadakara, whereby the learned Sub Judge confirmed the decree and judgment rendered by the trial court. The respondents are the plaintiffs as well as other defendants.

2. Heard the learned counsel for the appellants/defendants 2 to 4 on admission. Perused the verdicts under challenge and the relevant documents placed by the learned Senior Counsel appearing for the appellants.

3. I shall refer the parties in this appeal relegating their status before the trial court as `plaintiffs' and `defendants' hereafter for easy reference.

4. This is a Suit filed for recovery of possession of the plaint schedule property on the strength of title and the plaintiffs are the children of one Ayisha. According to the plaintiffs, Ayisha obtained leasehold right in respect of properties including the plaint schedule property as per registered assignment deed No.94/1953 executed by one Anthraman, who got right over the same, on the strengt

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