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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MAMMAD ALIAS BAPPU – Appellant
Versus
MUHAMMED ISHAQ HAJI – Respondent
| Table of Content |
|---|
| 1. identity dispute over property ownership. (Para 1 , 2) |
| 2. court observations on the necessity for accurate property identification. (Para 3 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. arguments about injunction and property identity. (Para 4 , 5) |
| 4. final ruling and remand for trial. (Para 12) |
J U D G M E N T
This appeal basically raises a question of identity of the property in a suit for injunction. The plaintiff claims that he is in absolute possession of 64 cents covered by Exts.A1 and A2 documents, whereas the defendants also claim that they are in possession of various extents of property, which takes in the 64 cents claimed by the plaintiff.
2. The brief facts necessary for the disposal of the appeal are as follows:-
One Karuppan Chettiyar had various extents of property. The plaintiff claimed that his mother was in possession of 1 Acre 10 cents and while so, Karuppan Chettiyar transferred 64 cents by Ext.A1 sale deed to the father of the plaintiff, who later by virtue of Ext.A2 transferred the said extent in favour of the plaintiff. The defendants claims the possession on the basis of Ext.B3. According to the defendants, after the death of Karuppan Chettiyar, his son had tr
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