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2023 Supreme(Online)(KER) 3891

HIGH COURT OF KERALA
Sathish Ninan, J
POOMANGALAM VADAKUMKARA N S S KARAYOGAM – Appellant
Versus
RADHAKRISHNA MENON – Respondent


Advocates:
SRI.G.SREEKUMAR (CHELUR), SRI.P.B..KRISHNAN (CAVEATOR)

J U D G M E N T

The plaintiffs in a suit for recovery of possession on the strength of title are the appellants. The suit was dismissed concurrently by the Courts.

2. The Poomangalam Vadakkumkara NSS Karayogam through its office bearers are the plaintiffs. The plaint schedule property has an extent of 13 cents. According to the plaintiffs, it belonged to its predecessor “Vadakkumkara Samajam”. The 'Samajam' got merged with the plaintiffs. As per Ext.A7 Sale Deed of the year 1119 ME, the property was conveyed by the 'Samajam' to one Kochukrishna Menon who was a member of the 'Samajam'. The conveyance was subject to a specific condition that, the property was to be used for the religious and charitable purpose of supplying water and butter milk to the general public during the specified period of every year. Pursuant to Ext.A7 Sale Deed, Kochukrishna Menon established “Thanneer Panthal” for carrying out the charitable purpose. Kochukrishna Menon executed Ext.A8 Will of the year 1122 ME. As per the Will, the plaint schedule property which was described as item No.5 therein, was to devolve on his sister's son Sreedhara Menon. Ext.A8 Will stipulated the obligation of the legatee to condu

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