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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
The plaintiffs in a suit for declaration of title and recovery of possession by demolishing the illegal construction have come up in the present appeal, aggrieved by the concurrent findings rendered by the courts below.
2. The brief facts necessary for the disposal of the appeal are as follows:
The 1st plaintiff derived the right, title and interest over the plaint A schedule property by a settlement deed of 2131 of 1978. The total extent of property mentioned therein is twelve (12) cents. The plaint B schedule property consists of two (2) cents, and plaint C sche
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