IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
PADINJARE KALARIYIL MEETHAL MANIKKAM – Appellant
Versus
PADINJARE MEETHAL KANNAN (DIED) – Respondent
| Table of Content |
|---|
| 1. plaintiffs sought title and possession. (Para 1 , 2) |
| 2. issues surrounding property identification and natural rights. (Para 3 , 4 , 5 , 6) |
| 3. defendants failed to prove their rights. (Para 8 , 9 , 10) |
| 4. proper identification is crucial for title claims. (Para 15) |
| 5. case remanded for further evidence gathering. (Para 16) |
JUDGMENT
The plaintiffs in a suit for declaration of title and recovery of possession have come up in the present appeal, aggrieved by the dismissal of the suit concurrently by the courts below.
2. Brief facts necessary for the disposal of the appeal are as follows:
As per the averments in the plaint, the plaint schedule property originally belonged to one Gowri Antharjanam, who assigned the property in favour of the 1st plaintiff and one Korungachi, the mother of the 2nd plaintiff. Subsequently, the mother of the 2nd plaintiff died, and her rights devolved upon the 2nd plaintiff and thereafter to the plaintiffs. At the time of the death of Korungachi, the 2nd plaintiff was aged only four (4) years, and thereafter, he was under the care and protection of one Matha. When he attained majority, he left the place and was residing at Kannur. The plaint sche
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