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2025 Supreme(Online)(Ker) 39960

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
M.R DEVAKIAMMA – Appellant
Versus
K.K. THANKAPPAN PILLAI, SANTHAKUMARIAMMA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX
For the Respondents: SRI.S.SREEKUMAR (SR.), SRI.ARUN.B.VARGHESE, SMT.M.B.DHANYA BABU, SHRI.JAYKAR.K.S.

Table of Content
1. plaintiff's claim of property ownership and background. (Para 1 , 2)
2. arguments regarding property title and evidence. (Para 6 , 7)
3. court's analysis on property title and boundaries. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15)
4. final judgment based on legal interpretations. (Para 17)

J U D G M E N T

The plaintiff in OS No.484/2002 on the files of the Munsiff’s Court, Adoor, a suit for declaration of title, possession, mandatory injunction, putting up of boundary, recovery of possession and perpetual prohibitory injunction, is the appellant herein.

2. The brief facts necessary for the disposal of the appeal are as follows:

By Ext.A11 document of 1117 ME, an extent of 76‰ cents of land was purchased by the plaintiff and her mother. Later, on 12.3.1986 as per Ext.A1, the property was partitioned and the plaintiff was allotted item No.4 in the said partition deed. According to the plaintiff, she has got an extent of 76‰ cents of property by virtue of Ext.A1. Item No.4 scheduled to Ext.A1 describes that though the extent is 30.40 Ares, on measurement it was found that only 50 cents was available. Later, a portion of the plaint schedule property was acquired for Omalloor-Ku

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