IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
JAYA – Appellant
Versus
KRISHNA PILLAI GOPALA PILLAI – Respondent
| Table of Content |
|---|
| 1. facts relating to property ownership and prior cases. (Para 1 , 2) |
| 2. substantial questions of law regarding property identification. (Para 3) |
| 3. arguments addressing identity of property and res judicata. (Para 4 , 5 , 6) |
| 4. court's observations on the implications of res judicata. (Para 7 , 8 , 9) |
| 5. final ruling of dismissal based on prior judgments. (Para 10) |
JUDGMENT
The plaintiff in a suit for declaration of title and recovery of possession has 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:
As per the averments in the plaint, an extent of 13 cents of land comprised in survey No.34/12 of Kuttoor Village was gifted to the plaintiff by her mother by gift deed Nos.2259/1988 and 1655/1988 of SRO, Thiruvalla, on 20.5.1988. The plaint schedule property lies adjacent to the M.C. Road on its western side. The 1st defendant is the owner of one cent of land, described in the plaint as plaint schedule item No.2 property, comprised in survey No.42/3 of Kuttoor Village, and as per the prior documents, the said one cent is situated on the eastern side of
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