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2021 Supreme(Online)(KER) 3112

HIGH COURT OF KERALA
Devan Ramachandran, J
DIJO RAJAN – Appellant
Versus
TAHSILDAR, TALAPPILLY TALUK OFFICE – Respondent


Advocates:
SRI.S.VINOD BHAT, KUM.ANAGHA LAKSHMY RAMAN, SRI.LEGITH T.KOTTAKKAL, SRI. RAJEEV JYOTHIS GEORGE, GOVERNMENT PLEADER, SRI.R.T.PRADEEP, SRI.SHIHABUDEEN, SMT.M.BINDUDAS, SRI.K.C.HARISH, SRI.SIJU RAJAN

JUDGMENT

Dated this the 06th day of October, 2021 The petitioner claims to be in possession of certain items of property covered by a registered, Partition Deed, bearing No.1357/2007, of SRO Kunnamkulam, namely Ext.P1. He points that one of the various items of immovable property scheduled in the said document is the subject matter in this writ petition and that it is shown as item no. 2 of D schedule thereof.

2. The petitioner asserts that he has been in full ownership and possession of the property from 17/05/2007 and that Transfer of its Registry was effected in his name, which enabled him to have remitted land tax on the same, as is evident from Exts.P2 and P3. He says that, however, respondents 3 and 4 illegally staked a claim over the property in question and filed O.S.No.611/2011 on the files of the Munsiff's Court, Wadakancherry, the copy of the plaint in which has been produced as Ext.P5. He further says that respondents 3 and 4 filed I.A 2678/2011 in the said suit, seeking an order of injunction against him from entering the property in question, but that, same was dismissed through Ext.P6 order, finding clearly that he and his father were in possession of the same. He the

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