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2021 Supreme(Online)(KER) 14935

N.ANIL KUMAR, J
T.K.RADHAKRISHNAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.C.S.Manilal
For the Respondents: Sri.T.Jayan, Sri.T.M.Khalid, Sri.V.Philip Mathew

Table of Content
1. establishment of ownership and wrongful claims. (Para 1 , 2 , 8)
2. court’s observations on due process and legal authority over property. (Para 9 , 10 , 21)
3. arguments on the significance of legal processes in property rights. (Para 12 , 16 , 19)
4. court's ruling affirming the plaintiff's rights. (Para 23 , 32)

JUDGMENT

Sri.T.K.Radhakrishnan, the appellant in this Regular Second Appeal instituted a suit as O.S.No.190/2015 of the Munsiff's Court, Changanacherry (hereinafter referred to as 'the trial court') for declaration of title and consequential recovery of possession over the plaint schedule item No.3 and also for a decree of mandatory injunction directing the defendants to restore item No.3 property to its original status and other reliefs.

2. The averments made in the plaint in brief are capitulated below for better appreciation:-

The plaint schedule item No.1 property comprised in Re.Sy.No.255/21 of Kurichy Village having an extent of 1.10 ares of land was purchased by the plaintiff as per the sale deed No.274/2011 dated 3.2.2011. Likewise, an extent of 90 sq.m. of property in the very same survey number was purchased by the plaintiff on 19.5.2011 as per the

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