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N.K.BALAKRISHNAN
Sankaran Poulu – Appellant
Versus
Sundari Vijayamma – Respondent
N.K. Balakrishna, J.—Defendants 1 to 3 in a suit for recovery of possession are the appellants. During the pendency of the appeal the first appellant died. His legal representatives were impleaded as supplemental appellants.The suit was for declaration of title and for recovery of possession.
2. The plaint schedule property measures 43 cents. It is comprised in Sy.No.493/4 of Neyyattinkara Village. Originally it belonged to Bhagavathi Pillai and Govinda Pillai. They mortgaged the property to one Subramaniyan Nadar and Kunjan Nadar as per Ex.Al mortgage deed of 1113 M.E. (corresponding to 1938). On the other hand the appellants would contend that Bhagavathi Pillai and Govinda Pillai had earlier executed a lease deed in respect of the plaint schedule property and other properties in favour of one Raman Nadar and Kochappy Nadar in 1107 as per Ex. Bl who assigned that right to Nelson Nadar in 1972 as per document No. 1629/1972. It is their further case that Nelson Nadar mentioned above assigned his lease hold right to Jeevanayakam in 1972 as evidenced by Ex.B2. The learned counsellor the plaintiffs would submit that Ex. Bl lease deed has nothing to do with the plaint schedule
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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