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2024 Supreme(Ker) 356

C. PRATHEEP KUMAR
Abdul Hameed Rawther, S/o. Mytheen Picha Rawther – Appellant
Versus
Basheer – Respondent


Advocates Appeared:
For the Appellant : Sri. T.K. Biju (Manjinikara), Smt. Annie M. Abraham.
For the Respondents: Sri. Jacob P. Alex, Sri. Joseph P. Alex, Manu Sankar P., Amal Amir Ali.

 

This second appeal has been preferred by the appellant in AS No.50 of 2009 on the file of the District Judge, Pathanamthitta, who is the plaintiff in O.S.No.500 of 2005 on the file of the Munsiff Court Pathanamthitta, against the judgment dated 9.6.2015 dismissing the above appeal.

2. The appellant filed the above suit for declaration of title, fixation of boundaries, recovery of possession and injunction. The case of the appellant is that he obtained plaint schedule item No.1 property consisting of 12 cents comprised in Sy No.384/16 of Konni Village as per Exhibit A1 partition deed No.525/1956 and item No.2, six cents and more property comprised in the very same Survey number as per Exhibit A2 Sale Deed No.2719/77. Though as per Exhibit A2, he had purchased 12 cents, the remaining six cents was re-conveyed to the seller and as such he is in absolute possession and enjoyment of 18 cents of property. The 1st respondent is the nephew of the appellant. The 2nd respondent is the son of the 1st respondent. The 3rd respondent is the intending purchaser of the above property from respondents 1 and 2. As per Exhibit A1 partition deed, the appellant's brother, namely the father of the 1st d

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