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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
STATE OF KERALA – Appellant
Versus
DR.AHAMMED MOGRAL – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute. (Para 1 , 2) |
| 2. court analysis of evidence for adverse possession. (Para 3 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 3. arguments regarding property possession. (Para 4 , 5) |
| 4. legal standards for adverse possession claims. (Para 13 , 16) |
| 5. final decision reversing previous judgments. (Para 17) |
JUDGMENT
State of Kerala has come in appeal against the judgment and decree dated 10.3.2011 of the District Court, Kasaragod in AS No.13/2006, which reversed the dismissal of OS No.20/2002 on 30.11.2005 by the Sub Court, Kasaragod.
2. The brief facts necessary for the disposal of the appeal are as follows:
The suit is one for a declaration of title on the basis of adverse possession and consequential injunction. Plaint A schedule property belonged to the plaintiffs and they were in possession and enjoyment of the same. It is contended that the plaintiffs and their predecessors have been in possession of the properties since the last 75 years, effecting vast improvements and cultivation. The 1st plaintiff had raised certain plantations in A schedule properties with the permission of late C.H.Kunhi Kalandar. It is further contended that the p
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