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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
M.REMA – Appellant
Versus
V.P.SHEETHALA KUMARI – Respondent
| Table of Content |
|---|
| 1. initial facts and context of the boundary dispute. (Para 1 , 2) |
| 2. arguments presented by both parties regarding the trial court's dismissal. (Para 4 , 5) |
| 3. court's observations on evidence and requirements for property identification. (Para 8 , 10 , 11) |
| 4. core ratio decidendi focusing on remanding the case for proper examination. (Para 12) |
| 5. final ruling to remit the case for further consideration. (Para 13) |
JUDGMENT
The plaintiffs in O.S.No.100/1998, a suit for fixation of boundary and permanent injunction before the Munsiff Court, Thalassery, have come up in the present appeal, aggrieved by the concurrent findings rendered against them.
2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The plaint schedule property originally belonged to one V.K.Kunhiraman, the father of the original plaintiff. The defendant is the wife of Mr.V.K.Ravindran, the brother of the original plaintiff. Mr.V.K.Kunhiraman had 1 acre and 35 cents of land including the plaint schedule property having an extent of 84 cents. Mr.V.K.Kunhiraman gifted 84 cents in favour of the original plaintiff on 19.02.1972 and the remaining 51 cents were gifted to Mr.V.K.Raveendr
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