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2007 Supreme(Online)(KER) 3685

HIGH COURT OF KERALA
M.SASIDHARAN NAMBIAR, J
KAMALAMMA – Appellant
Versus
THANKAPPAN – Respondent


J U D G M E N T

Defendants in O.S. No.452/1996 on the file of the Munsiff, Attingal are the appellants. Plaintiff is the respondent. Respondent instituted the suit for declaration of title and possession of plaint schedule property, fixation of boundary, recovery of possession and for injunction. Plaint schedule property along with other properties originally belonged to Ponnu the mother, first appellant daughter, respondent son and another sister Krishnamma as allotted to their share under partition deed No.3170/1959. Subsequently under partition deed No.3184/1964 properties were divided between the mother and children. Plaint schedule property having an extent of 19 cents was allotted to the mother. Its northern 19 cents was allotted to Krishnamma and the southern 21 cents to first appellant. Thereafter, under Ext.A1 sale deed 2002 of 1970 mother sold plaint schedule property in favour of respondent. Respondent claims title to the property under Ext.A1. Subsequently under Ext.A3 he mortgaged the property in favour of Sukumaran. In 1974 on the death of Sukumaran his legal heirs released the mortgage right under Ext.A4, in favour of respondent. Thus he claims title and possession of

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