S.S.SATHEESACHANDRAN
Pankajakshy – Appellant
Versus
Devaki Ramakrishnan Mullasseril Veedu – Respondent
Plaintiff is the appellant. Concurrent decision rendered by the two courts below non-suiting the plaintiff/appellant negativing her claim for declaration of possession and injunction over the suit property is challenged in the appeal. Plaintiff had claimed possession over two items of properties. So far as item No.1 property, it was her case that she obtained possession thereof by way of an oral sale from one Narayanan, the title holder. Item No.2 property was claimed by virtue of a registered sale deed. Both properties are lying contiguously was her case for seeking a declaration of possession in common over such items with a further relief of prohibitory injunction against the defendants alleging threat of trespass. Consideration of Rs.3, 000/- was paid to the above said Narayanan to purchase item No.1 property by an oral sale was the case of the plaintiff. The defendants resisted the suit contending that she is entitled to item No.2 property alone and the claim set up over item No.1 by way of an oral sale is unworthy of any value. So the real controversy involved in the suit was the claim of possession raised by the plaintiff over item No.1 property. Both the courts, a
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