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2018 Supreme(Online)(KER) 61867

HIGH COURT OF KERALA
K.HARILAL, J
MERCY JOSEPH – Appellant
Versus
THANKAM – Respondent


J U D G M E N T

The judgment and decree appealed against are passed in Appeal Suit No.66 of 2003 on the files of the District Court, Palakkad as well as in Original Suit No.359 of 2000 on the files of Munsiff's Court, Alathur, whereby the Original Suit stands decreed, as prayed for. Thus, the appellant herein is the defendant, who is confronting with the judgment and decree passed concurrently against her by the courts below. [The parties are referred to as in the Original Suit.]

2. The plaintiff filed the aforesaid Original Suit for recovery of possession of 'B' schedule property, alleging that it forms a part of 'A' schedule property. According to her, she obtained 'A' schedule property, by virtue of assignment deed No.1007 of 1964 and 'A' schedule property is item No.06 in the said document. After the purchasing of the said property, he has been in possession and enjoyment of the said property. But, she was residing at Thajore District in Tamil Nadu and in her absence, they have entrusted the property to one Ramakrishnan and he was residing in the building in the plaint schedule property and he was managing the property for and on behalf of the plaintiff. On 01.12.2000, when the

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