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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S, J
V.N.CHANDRASEKHARAN – Appellant
Versus
THE STATE REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM – Respondent
| Table of Content |
|---|
| 1. sought title declaration and injunction. (Para 1 , 2) |
| 2. court's assessment of lower findings. (Para 3 , 4) |
| 3. requirements for establishing title by adverse possession. (Para 5 , 6 , 7) |
JUDGMENT
The appeal arises from the judgment and decree in O.S No.200 of 2002 of Munsiff Court, Ettumanoor as affirmed by the Principal District Court, Kottayam in A.S No.239 of 2009.
2. The facts necessary for the disposal of the appeal is as follows:
The plaintiff instituted a suit for declaration of title and also for permanent prohibitory injunction. According to the plaintiff, item No. 1 property was obtained as A schedule of the partition deed No.411/1098 ME by one Parameswaran, who is the grandfather of the plaintiffs. It is stipulated in the deed that the scheduled property can be used by all parties in the partition deed. The grandfather of the plaintiffs obtained possession of item No.2 property by a mortgage deed executed by one Kotha Elaichi 120 years ago. Since the mortgage was not redeemed, grandfather of the plaintiffs Sri.Sankaran Parameswaran obtained absolute title over the property. While so, the 3rd defendant made a complaint to the revenue authorities stating that
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