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2010 Supreme(Online)(KER) 20970

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
MARIAMMA @ OMANA AND OTHERS – Appellant
Versus
KURUVILLA ABRAHAM – Respondent


Advocates:
SRI.C.S.MANILAL 2) JOSEPH JOSE AGED 353) KAVITHA AGED 24 WO.JOSE4) JOSEPH CYRIAC AGED 29 SO. JOSEPH5) MINU AGED 22 SO. JOSEPH6) VARKEY JOY AGED 52

J U D G M E N T

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Defendants 1 to 6 have come up in Second Appeal challenging the concurrent finding and decree passed against them by the courts below.

2. Respondent claimed that the suit property belonged to him as per Ext.A1, settlement deed which was subject to a life estate interest in favour one Mariamma, widow of the eldest brother of respondent. She was permitted to reside in the building in the suit property until she remained unmarried. Appellant No.1 is the daughter of the life estate holder. Appellant Nos.2, 3 and 5 are the children of appellant No.1. Appellant No.6 is the husband of the sister of appellant No.1. Respondent claimed that during the time the life estate holder was residing in the suit property her children and grand children were also staying there. The life estate holder died on 14.12.1997. In the year 1998 respondent filed the suit for recovery of possession of the suit property with mesne profits and for other reliefs. Appellants resisted the suit contending that respondent did not get right or possession over the suit property as per Ext.A1 and claimed title and possession for themselves. They claimed that after the death of the fat

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