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2018 Supreme(Online)(KER) 48498

HIGH COURT OF KERALA
V.CHITAMBARESH, J
K A MOHAMMED BASHEER – Appellant
Versus
KUNHAHAMMADKUTTY – Respondent


JUDGMENT

The plaint schedule property of extent 19.5 cents in Rs.No.184/3 of Tanur village formed part of a larger extent of land of about 45 cents belonging to one Eani Haji whose daughter is the plaintiff. The property originally belonged in jenm to Thanalur Devaswom and Eani Haji who was the cultivating tenant had obtained Ext.A3 certificate of purchase from the Land Tribunal. Thereafter Eani Haji gave an oral lease of the whole property to one Moideenkutty (who is the father of the second defendant and the grand father of the first defendant) in the year 1967. An extent of 24 cents of land out of the above was sold by Moideenkutty under Ext.A1 sale deed dated 26.05.1983 to Mohammed Haneefa and the remaining extent was 21 cents. The property on measurement was found to be 19.5 cents which was sold by Moideenkutty under Ext.B1 sale deed dated 24.10.1993 to the first defendant (which is the plaint schedule property).

2. It appears that the 24 cents of property sold by Moideenkutty to Mohammed Haneefa was re-conveyed to the plaintiff under a sale deed dated 19.03.1984 which has however been not produced in the court below. The plaint schedule property of extent 19.5 cents was sought

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