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2011 Supreme(Online)(KER) 18507

HIGH COURT OF KERALA
M.L.JOSEPH FRANCIS, J
SEBASTIAN JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN

J U D G M E N T

R.S.A.1000/04 is filed by the plaintiff in O.S.606/93 and R.S.A.1007/04 is filed by the plaintiff in O.S.483/93 on the file of the Sub Court, Palakkad. W.P.(C) No.22582/2007 is filed by the petitioner/plaintiff in I.A.1199/07 in O.S.483/93 on the file of the Sub Court, Palakkad.

2. O.S.606/93 is a suit for declaration that the plaint schedule property having 1 acre and 25 cents is not puramboke or Government land and for restraining the defendants from proceeding with the eviction proceedings against the plaintiff from the plaint schedule property. The plaintiff's case is that the plaint schedule property and adjacent properties belonged to Desamangalam Mana and the Mana executed a sale deed no.1133/1968 for the plaint property and adjacent land in favour of one Skaria Thomas and he assigned his right in favour of the plaintiff by sale deed no.2167/1976(Ext.A8) dated 26.6.1976 and that he was in possession of the plaint schedule property including the adjacent land. The property is coconut RSA 1000/04 & connected cases 2 plantation and there are 85 coconut trees more than 50 years old and the same was planted by the original Jenmi. The Jenmi was in actual possession t

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