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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
EASI – Appellant
Versus
ST.LOUIS CHURCH – Respondent
| Table of Content |
|---|
| 1. the factual background of the property dispute. (Para 1 , 2) |
| 2. the procedural history and issues framed in the trial. (Para 3 , 4) |
| 3. court's analysis of the adverse possession claim. (Para 5 , 10 , 14) |
| 4. discussion on court fee valuation and its implications. (Para 6 , 11 , 13 , 16) |
| 5. arguments from both parties regarding title and possession. (Para 7 , 8 , 12 , 15) |
| 6. conclusion on the failure of the adverse possession claim. (Para 17 , 18) |
JUDGMENT
The defendant in OS No.432/2010 on the files of Munsiff’s Court, Kochi, a suit for fixation of boundary, recovery of possession and injunction, is the appellant herein.
The brief facts necessary for the disposal of the appeal are as follows:
2. The respondent-plaintiff is a Church, which is in possession of 52 cents of land (plaint A schedule property) in survey No.451/4 of Rameswaram Village, Kochi Taluk as per document No.1723/1924 of Kochi SRO. The defendant was put in possession of plaint B schedule property measuring 10 cents of land comprised in the same survey No.451/4 as per kudikidappu certificate issued in O.A.No.1779/1971 dated 29.11.1971 of Land Tribunal, Vypin. The total extent of the area covered by document
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