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2026 Supreme(Online)(Ker) 14911

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
KOLAYAKKARAKATH PUTHIYA PURAYIL MARIYUMMA D/O.ABDU HAJI – Appellant
Versus
KOLAYAKKARAKATH PUTHIYA PURAYIL RASHEEDA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MAHESH V RAMAKRISHNAN
For the Respondents: SRI.P.S.BINU, SRI.ZUBAIR PULIKKOOL

J U D G M E N T

These appeals arises out of two suits, O.S No.701 of 1997, wherein the appellant in R.S.A No.1086/2011 is the plaintiff and O.S No.62/1998, wherein the appellants in R.S.A No.1218/2011 are the defendants. The appellant in R.S.A No.1086/2011 claims title over 3.4 cents in Re-Survey No.63/2 of Chengalayi Amsom, under two documents, one is Marupat dated 03.01.1964 and another is one gift deed dated 03.03.1980. Based on these documents, the appellant in R.S.A No.1086/2011 also claims that a purchase certificate dated 03.10.1995 was issued by the Land Tribunal No.2, Payyannur. The respondents in R.S.A No.1086/2011 are the title owners of the property in the northern boundary of the plaint schedule property. When an attempt was made by the defendants to trespass into the property, the appellant/ plaintiff filed O.S No.701/1997 and thereafter, the 3rd defendant in O.S No.701/1997 filed O.S No.62/1998, against the appellant / plaintiff seeking injunction as well as damages. The defendants in O.S No.701/1997 traced their title through a registered sale deed dated 22.09.1971, based on which a purchase certificate dated 30.11.1976 was issued for an extent of 75 cents in the v

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