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2024 Supreme(Ker) 507

K. BABU
Mohammed Mammunhi, S/o. Mannunhi Kunhi Moosa – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.B.KRISHNAN
For the Respondent: SRI JAYAN, SRI.V.V.ASOKAN, SMT.S.AMINA, MAYANKUTTY MATHER K.I, T.K.SREEKALA

JUDGMENT :

This Regular Second Appeal is filed challenging the judgment and decree passed by the Munsiff‘s Court, Kasaragod, in O.S.No.197 of 2003 which was confirmed by the decree and judgment dated 24.03.2007 passed by the Subordinate Judge‘s Court, Kasaragod in A.S.No.71 of 2004. The plaintiff is the appellant. The defendants are the respondents. During the course of the proceedings defendants 4 and 5 died. Their legal representatives were impleaded as additional respondents 8 to 11.

Pleadings:-

The plaintiff

2. The plaint schedule property is 73cents of land in Re-Survey No.137/4 of Ichilangodu Village, Kasaragodu Taluk. Moosa, S/o Mohammed, the predecessor-in-interest of the plaintiff acquired title and possession over the property as per proceedings in L.A.No.199/73/Ichilangodu. The plaintiff purchased the property as per registered sale deed No.456/1992 dated 24.02.1992. Ever since the date of assignment, Shri. Moosa had been possessing the property till it was assigned to the plaintiff. As per the sale deed No.456/92, the plaintiff obtained title and possession over the property as its absolute owner. The plaint schedule property is a dry and rocky land without any building. Th

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