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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.R.ANITHA, J
The Secretary, Mahajana Vidhyabhivardhaka Sangha (Regd), Perdala – Appellant
Versus
Sudharshan Khandige – Respondent
| Table of Content |
|---|
| 1. factual background of property ownership (Para 1 , 2) |
| 2. defendants' arguments on ownership and representation (Para 3 , 4 , 5) |
| 3. trial court's partial decree (Para 7 , 8) |
| 4. substantial questions raised in appeal (Para 9 , 10 , 11 , 12) |
| 5. definition of land holder under kerala land tax act (Para 17) |
| 6. limitations of revenue records in proving title (Para 22 , 24 , 25) |
| 7. defendants' failure to prove possession (Para 26 , 27) |
| 8. estoppel in raising section 34 arguments at appellate stage (Para 28 , 29 , 30) |
| 9. discretionary nature of declaratory relief (Para 31 , 32 , 33) |
JUDGMENT
This R.S.A has been filed against the judgment and decree in A.S.No.26 of 2013 on the file of III Additional District Court, Kasaragod which in turn arise out of the judgment and decree in O.S.No.91/2011 on the file of Sub Court, Kasaragod.
2. Appellants are the defendants 1, 2, 4 and 8 to 10. Respondents are plaintiff No.2 and defendants 5 to 7, 11 and 12. The suit has been filed for declaration. First plaintiff died pending the proceedings. Plaintiffs’ case is that plaint A schedule property originally belonged to the joint family of the plaintiffs. That property, along with other properties,
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