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2013 Supreme(Online)(KER) 14328

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
K L GRACY – Appellant
Versus
LUKA JOSE – Respondent


J U D G M E N T

Plaintiff in a suit for declaration of title and injunction is the appellant. The suit was decreed by the trial court. The appellate court reversed the same and dismissed the suit holding that the suit should have been filed for fixation of boundary. Hence, this Regular Second Appeal is filed by the plaintiff.

2. The plaint schedule property is described as an extent of 1 acre of land comprised in Survey No. 774/1/642, 774/1/1. The eastern and southern boundary are shown as the property of one Kadankavil Devassia. The western boundary is shown as the property belonging to Anna - the sister of the plaintiff. The northern boundary is shown as the river. The plaintiff and defendants admitted that the northern boundary shown in the title deed - Ext.A1 as river is incorrect whereas the river forms the southern boundary of the entire property measuring 3.44 acres, which was the subject matter of Ext.A1 settlement deed. The entire 3.44 acres of land was allotted/settled in favour of the plaintiff and her three siblings.

3. According to the plaintiff the plaint schedule property, measuring 1 acre, is the eastern most portion of the entire property measuring 3.44 acres. The we

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