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2019 Supreme(Online)(KER) 74818

HIGH COURT OF KERALA
P.SOMARAJAN, J
ERAYI KRISHNAN – Appellant
Versus
ATUVARIYIMMAL MANIKKA KRISHNAN – Respondent


Advocates:
SRI.K.V.PAVITHRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL, SRI.A.R.NIMOD, SRI.C.A.ANOOP, SRI.P.S.APPU, SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS

JUDGMENT

These are the two appeals preferred against the common decree and judgment in A.S.Nos. 84 of 2001 & 86 of 2001 of Sub Court, Thalassery and common decree and judgment in O.S.Nos.13 of 1996 & 70 of 1997 of Munsiff Court, Kuthuparamba by the defendant. The suit in O.S.No.13 of 1996 is for injunction simplicitor by the plaintiff. The other one in O.S No.70 of 1997 also filed by the very same plaintiff for recovery of property based on the strength of title. The property was originally belonged to the father of plaintiff one Attadappa Kunhambu Nair. The predecessor in interest of the defendant one Illath Kolath Chathukutty took property on lease by executing Ext.A1 dated 2.11.1953 in favour of the landlord. Subsequently, the landlord Attadappa Kunhampu Nair gifted the property to the plaintiff under Ext.A3 on 6.7.1979. The plaint schedule property is having an extent of 1 ¾ cents. In the trial court there was a reference under Section 125 of the Kerala Land Reforms Act for adjudicating the claim of commercial lease, under Section 106 of the said Act. It was decided against the defendant and on receipt the decision rendered by the Land Tribunal it was accepted by the trial cou

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