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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NARAYANAN NAIR S/O NARAYANAN MOOSATH – Appellant
Versus
MUSALIYARAKATH PATHUMMA(DIED) – Respondent
| Table of Content |
|---|
| 1. initial factual claims regarding the partition deed and property. (Para 1 , 2) |
| 2. court observations on the identification difficulties and evidential requirements. (Para 3 , 7 , 8 , 9 , 10 , 12) |
| 3. arguments presented by both plaintiff and defense regarding property identification and title. (Para 4 , 5 , 6) |
| 4. court determines necessity for proper title evidence for dismissal appeal. (Para 11) |
| 5. final decision to set aside previous judgments and allow for re-evaluation. (Para 13) |
J U D G M E N T
The 1st plaintiff concurrently non-suited in a suit for declaration of title and recovery of possession, is before this Court. It is a travesty of justice that the suit filed in the year 1989, is yet to attain a finality, because of various technical issues as well as want of proper evidence. With this backdrop this Court proceeds to analyse the respective claims of the parties.
2. The brief facts necessary for the disposal of the appeal are as follows:-
2.1 The plaintiff claimed that going by a partition deed of 1937, an extent of 9 Acres of plot was alloted under item No.6 of the said partition deed. It is an admitted case that out of the said items, various items were ass
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