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2025 Supreme(Online)(Ker) 58868

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
VIJAYA LAKSHMI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.S.MANU, SRI.S.K.PREMRAJ
For the Respondents: SRI.K.DENNY DEVASSY, SR.GOVERNMENT PLEADER

Table of Content
1. facts of property lease and ownership claims. (Para 1 , 2)
2. court's observations on legal standing and dismissal. (Para 3 , 4)

EASWARAN S., J.

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R.S.A. No.415 of 2012 ------------------------------------------

Dated this the 15th day of December, 2025 JUDGMENT Plaintiffs in O.S.No.433 of 2004 on the files of the Munsiff’s Court, Karunagappally, a suit for declaration and permanent prohibitory injunction have come up in the present appeal aggrieved by the concurrent findings rendered by the courts below.

2. Appellants/Plaintiffs contend that the plaint schedule property was leased out to the husband of the 1st plaintiff by the Government of Kerala in the year 1961. The husband of the 1st plaintiff was a freedom fighter and had direct contact with the national leaders. After taking the property on lease, he had installed the statues of several prominent leaders. For 42 years the plaintiffs are in absolute and uninterrupted possession of the schedule property and such they have got fixity of tenure. They are also taking usufructs from the property. The 1st plaintiff’s husband died on 05.10.1990 and the adjacent property owners t

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