ABDUL RAZACK Vs. PARAMESWARAN NAMBOODIRI AND ORS

JUDGEMENT

(1.) The plaintiff who concurrently lost in a suit for injunction is the appellant in R.S.A. 816/2003. His suit, O.S. No. 531/1991 was in respect of 4.46 acres in Re.Sy. No. 551/part of Wandoor village. R.S.A. No. 808/2003 is filed by the plaintiff in O.S. 531/1991 which is a suit for injunction. His suit is in respect of 2.18 acres, of which 1.96 acres is comprised in Re.Sy. No. 546/3B and 22 cents in R.S. No. 546/3C of Wandoor Village. The main dispute in that suit was with regard to 1.96 acres in Re.Sy. 546/3B. He also lost concurrently.

(2.) The suit properties originally belonged in jenm to the Kidangazhi Mana. Paramaeswaran Namboodiri, The plaintiff in O.S. 531/91 claimed that the plaint schedule property was leased out to Smt.Cheravanna Nair and on her death her leasehold right devolved upon her son Govindan Nair who obtained the purchase certificate from the Land Tribunal. The above Govindan Nair assigned the said property to the plaintiff Parameswaran Namboodiri as per Ext. A2 assignment deed No. 738/1987.

(3.) There was a proceeding before the Taluk Land Board. As per the order originally passed by the Taluk Land Board, this property and other properties were ordered to be surrendered as the excess land of the declarent therein. Hence, the plaintiff Parameswaran Namboodiri filed claim petition before the Taluk Land Board under Sec. 85 (8) of the KLR Act. That claim petition was allowed. It was contended that the defendants who claimed to be the assignees of the land from the Government attempted to trespass into the suit property and hence the suit was filed.