HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
SELVI – Appellant
Versus
KANIKKAMMAN (DIED) REP. BY POWER OF ATTORNEY HOLDER SARPRASADAMARY – Respondent
JUDGMENT
1. The defendants in the suit are the appellants herein. The Plaintiffs filed the suit originally for permanent prohibitory injunction. During the pendency of the suit, the plaintiffs incorporated a relief for recovery of possession also.
2. As per the amended plaint allegations, plaint A schedule property belonged to the first plaintiff as per Ext.A1 Sale Deed. In the year 2003, she sold one acre of land from the plaint A schedule property to the second plaintiff as per Ext.A3. The plaint A schedule property is a coconut garden and has been lying as a compact plot. The defendants have property on the eastern side of Plaint A schedule property. The defendants attempted to trespass into a portion of plaint A schedule property on 22.03.2011 and attempted to remove soil using JCB. Hence, the suit was filed. The Advocate Commissioner has denoted Plaint B schedule property as X, Y, Z as a part of Plaint A schedule property in the Commission Report and Plan. It is shown in Resurvey No.129/1 in the name of the defendants. As per old survey records, it is a portion of the plaint A schedule property. Plaintiffs are entitled to recover the same if it is found in the possession of the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.