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2024 Supreme(Online)(KER) 32898

HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
SANTHA BAI – Appellant
Versus
ANUSUYA BAI (DIED) LEGAL REPRESENTATIVE IMPLEADED – Respondent


Advocates:
SRI.R.LAKSHMI NARAYAN, SMT.R.RANJANIE, G.KRISHNAKUMAR, A.G.ADITYA SHENOY, BINOY DAVIS, P.PARAMESWARAN MOOTHATH, REJI GEORGE, UMESH.N.PAI, ANUPAMA JOHNY, SAISANKAR.S

JUDGMENT

1. Plaintiffs in a suit for mandatory injunction and damage are the appellants. Reliefs are sought with respect to plaint B schedule building. Plaint A Schedule property is 9 ½ cents of land in Sy No.1914/2 of Mattanchery village, together with a building bearing CC No. 8/1825 and Shop rooms bearing CC No. 8/1822 and 8/1823 situated therein. Plaint B Schedule property is the northern portion of the building bearing CC No. 8/1825, consisting of 10 rooms, including a kitchen.

2. The Plaintiffs are the wife and son of Krishna Prabhu, who derived the plaint schedule properties as per Ext.A1 Settlement deed of 1985 executed by his mother, Padmavathy. Padmavathy died, and Krishna Prabhu died on 23.12.2010.

3. The defendants are the children of Saraswathy Bhai, who is the sister of late Krishna Prabhu. Saraswathy Bhai died on 29.09.2012. Her husband, Narayana Pai, predeceased her in the year 1998.

4. Ext.A1 Settlement deed contained a clause that Saraswathy Bhai, her husband, and children who have been residing in the residential building in A schedule will have the right to live therein during the lifetime of the said persons.

5. As per the plaint allegations, the right of residence

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