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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
GEETHAKUMARI – Appellant
Versus
V.VIJI – Respondent
| Table of Content |
|---|
| 1. claims and counterclaims regarding property ownership. (Para 1 , 2) |
| 2. concerns over dismissal based on presumptions. (Para 3) |
| 3. arguments regarding title and evidence assessment. (Para 4 , 5 , 6) |
| 4. importance of pleadings in establishing case. (Para 8 , 14 , 16) |
| 5. pervasiveness of error in court findings. (Para 9 , 10 , 12 , 20 , 21) |
| 6. challenges to validity of findings based on available evidence. (Para 22 , 23) |
| 7. identification and validation of property boundaries. (Para 24 , 25) |
| 8. final judgment regarding plaintiffs' rights. (Para 26) |
| 9. order for action regarding illegal construction. (Para 27) |
JUDGMENT
2. The brief facts necessary for the disposal of the appeal are as follows:
3. The appeal was admitted to file by this Court on 16.10.2025 on the substantial questions of law framed in the memorandum of appeal, which reads as under:
ii) It is not erroneous to dig into unexisting facts on the basis of presumptions contended by the defendant in the suit rather than clear evidence adduced by the plaintiffs with regard to their title and which establish encroachment, to allow the suit as prayed for?
v) Is it not erroneous to presume transfer by anyone of more extent th
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