SUKUMARAN NAIR Vs. PARAMESWARA PILLAI

JUDGEMENT

(1.) In a suit for fixation of boundary, is it mandatory to incorporate in the schedule to the plaint the property of the defendant? While Nandakumara Varama and Another. v. Usha Varma and Another [2015 (1) KLJ 73] answered it in the affirmative, another learned single Judge in Appukuttan Nair v. Sadasivan Nair and Ors. [2022 (7) KHC 250] held in the negative. The above conflicting views has led to this reference.

(2.) In Nandakumara Varma (supra) the Court held :-

(3.) In the light of the judgments in Kallara Sukumaran v. Union of India & Ors. (1987 (1) KLT 226), Babu Premarajan v. Superintendent Of Police, Kasaragode And Others (AIR 2000 Ker 417) and Rasheed v. Food Inspector (2016 (2) KHC 679), we cannot answer the reference and send the appeal to be decided by the learned single Judge but are to adjudicate and dispose of the entire appeal itself.