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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
KANNIYATH KOUSU ALIAS KOUSALLIA (DIED) LRS IMPLEADED – Appellant
Versus
UPPOT MAHESH – Respondent
| Table of Content |
|---|
| 1. factual background of the case and pleadings. (Para 1 , 2) |
| 2. parties' arguments regarding the applicability of legal provisions. (Para 3 , 5 , 6) |
| 3. court's analysis of the appeals and legal issues. (Para 4 , 8 , 10) |
| 4. ratio decidendi regarding pleading requirements and legal protections. (Para 9 , 11 , 19) |
| 5. final conclusions and decision of the court. (Para 21 , 22) |
EASWARAN S., J.
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R.S.A. No.373 of 2015 &
Cross Objection No.21 of 2016 ------------------------------------------
Dated this the 19th day of November, 2025
JUDGMENT
Plaintiff in a suit for mandatory injunction and eviction has come up in this appeal against the judgment in A.S. No.66 of 2011 on the files of the Principal Sub Court, Thalassery, which reversed the judgment and decree in O.S. No.208 of 2006 on the files of the Munsiff Court, Kuthuparamba. The Cross Objection is also directed against the judgment of the Principal Sub Court, Thalassery, as it rejected the claim of the defendants for protection under Section 106 of the Kerala Land Reforms Act , 1963.
2. The brief facts necessary for disposal of the appeal are as follows:
The appellant/plaintiff instituted the suit for
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