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2012 Supreme(Online)(KER) 12000

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
MUHAMMED KUNJU ABDUL KHADER KUNJU – Appellant
Versus
THANKAKUTTY – Respondent


J U D G M E N T

The defendants in O.S. No.182 of 1988 of the Munsiff's Court, Kayamkulam are aggrieved by the decree fixing boundary for the suit property confirmed by the Additional District Court, Fast Track (Ad hoc), Mavelikkara in A.S. No.81 of 2000.

2. The respondent-plaintiff claimed that the plaint A schedule, 16 cents in Sy. No.597/25 belongs to her as per Ext.A1, assignment deed No.53 of 1950. The plaint B schedule, 15 cents in Sy. No.597/15 belongs to the appellants and is situated on the north of the plaint A schedule. The respondent claimed that there is no specific boundary between the plaint A and B schedules and instead, standing crops separate the plaint A and B schedules. The appellants attempted to trespass into the plaint A schedule and hence the suit for fixation of boundary and other reliefs.

3. The appellants contended that the 16 cents claimed by the respondent and stated in the plaint A schedule is part of nearly 90 cents. But the 16 cents is not lying separate from the rest of the property. The appellants purchased 15 cents and excess land as per Ext.B1, assignment deed dated 26.10.1983. They denied that they attempted to trespass into the property belonging

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