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2026 Supreme(Online)(Ker) 10162

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
CHENTHAMARAKSHAN – Appellant
Versus
MEEMAKSHY – Respondent


Advocates:
For the Appellants/Petitioners: K.V.SOHAN, GEORGE JOSEPH PULIMOOTTIL, ROVIN RODRIGUES, SREEJA SOHAN K., VETTATH EAPEN MATHAI
For the Respondents: P.JAYARAM

JUDGMENT

Legal heirs of defendants 1 and 2 in a suit for recovery of possession, aggrieved by the concurrent findings rendered against them are in appeal before this Court.

2. The brief facts necessary for the disposal of the appeal are as follows:-

The plaintiffs sued the original defendants 1 and 2, under Paattadharam, executed in favour of one Veemban in the year 1930. The plaintiffs claimed during the subsistence of the Paattadharam, one of the brother of Veemban, namely Kambi acquired the rights over the property by payment of Rs.50/-, which is endorsed in the Paattadharam. The defendants resisted the suit by contending that the devolution of title in favour of the plaintiffs is not correct and that the property was originally purchased by the grand father of the 1st defendant and Veemban. It was further contended that on death of Kambi, there was an oral partition among the parties and certain properties were allotted to the share of Velan and on the death of the Velan, the legal heirs of Velan had assigned the property in favour of the 1st defendant. That apart the endorsement made in the Paattadharam was also disputed by saying that the relinquishment of right, if any, in resp

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