N.A. SHAREEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) BOTH writ petitions are filed seeking CBI investigation.

(2.) THOUGH the writ petitioners in both writ petitions are different, the facts and relief sought for are similar, common questions of fact and law arises for consideration and therefore, both cases were heard jointly and a common judgment is passed. The writ petitions were heard on 25.11.13,

(3.) THE petitioners in W.P.(C).No.19431/2013 traced their title to the property as follows: - The property was outstanding in the possession of Thekkesamooha Madam in Jenmom right. In 1088 M.E., Lakshmana Ayyer of Thekkesamooha Madom granted lease of the property in favour of Ahammed Pareeth. In the year 1103 M.E. Kunjan Marakkar, son of Ahammed Pareeth, got a renewal of the lease from Lakshmana Ayyer. The jenmom right of the property was transferred by the jenmy to Aliyar Kunju as per document No. 106 of 1102 M.E. A partition took place in the family of Aliyar Kunju in the year 1114 M.E and the property in dispute was allotted to Hamsa Koya, son of Aliyar Kunju, who sold his rights in the property to Muhammed, another son of Kunjan Marakkar, as per sale deed No. 1186 of 1957 (Ext.P1). Even before that Kunjan Marakkar had attorned to Hamsa Koya and the lease was renewed in favour of Kunjan Marakkar as per document No.2335 of 1116 M.E. In the year 1960, Muhammed, son of Kunjan Marakkar, sold the property to his brother Kadar Pillai. Kadar Pillai is the husband of writ petitioner No.1 and father of the other writ petitioners. Out of the extent of 1.16 acres, which Kadar Pillai got as per the sale deed of 1960, he transferred an extent of 49 cents to his wife, the first petitioner as per document No.872 of 1960. Kadar Pillai died in 1980 and the properties were partitioned among his legal representatives, as per document No.362 of 1982. Mutation was effected as per the allotment made in the partition deed and the subsequent transfers were made between the legal representatives of Kadar Pillai. The petitioners state that the original Thandaper numbers were 8826 and 8597 and after mutation effected as per the partition deed of 1982, the Thandaper number was changed as T.P.No.9074. It is also stated that after re -survey, the Thandaper number is 2127 and later, the Thandaper was changed as 9365 to 9367 on the basis of the partition deed and subsequent transfers.