KAYALULLA PARAMBATH MOIDU Vs. NAMBOODIYIL VINODAN
LAWS(SC)-2021-9-11
SUPREME COURT OF INDIA
Decided on September 07,2021

Kayalulla Parambath Moidu Appellant
VERSUS
Namboodiyil Vinodan Respondents

JUDGEMENT

B.R.GAVAI,J. - (1.) Leave granted.
(2.) These appeals challenge the judgment and order passed by the learned Single Judge of the Kerala High Court dated 21st August 2019 in Regular Second Appeal No. 83 of 2007 thereby allowing the appeal in part and remanding the suit to the learned trial court for fresh disposal. The appeals also challenge the order of the learned Single Judge of the Kerala High Court dated 10th February 2020 in Review Petition No. 1242 of 2019 in RSA No. 83 of 2007 thereby dismissing the review petition.
(3.) The facts in brief giving rise to filing of these appeals are as under:-­ The parties are referred to herein as they were referred to in the original suit. The appellant-­plaintiff had filed a plaint in respect of the suit property claiming that it belonged to him by virtue of the registered assignment deed No. 110 of 1977 SRO, Kavilumpara executed by Kalariyullathil Paru. It is the claim of the appellant-­plaintiff that he had effected improvements in the suit property and also paid land revenue. It is the claim of the appellant-­plaintiff that the respondent-­defendant has no right over the suit property. As per the plaint, a portion of the suit property is a coconut garden and the southern side is a rocky area with timber trees. It is the case of the appellant-­plaintiff that there are definite boundaries on all the four sides of the suit property. It is his case that there is a road on the western side of the suit property and the respondent-­defendant's property is further westwards. It is the case of the appellantplaintiff that he is residing at a distance of 1- 1/2 kms away from the suit property. It is further his case that on 16th January 2002 at about 10:00 a.m., the respondent-­defendant and five others trespassed into the plaint schedule property and attempted to cut and remove a jackfruit tree worth Rs.60,000/-­. After coming to know the same, the appellantplaintiff rushed to the spot and prevented the respondentdefendant. The appellant-­plaintiff therefore filed a suit with a prayer to restrain the respondent-­defendant and his men from trespassing into the suit property, committing waste therein and from interfering with the peaceful possession and enjoyment of the suit property by the appellant-­plaintiff. ;


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