Narayanan VS. Kumaran & Ors.

Supreme Court of India

Case Law No.820-821, Reporting JudgeR. C. Lahoti

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Narayanan VS. Kumaran & Ors.

CASE NO.: Appeal (civil) 820-821 of 1999

PETITIONER: Narayanan

RESPONDENT: Kumaran & Ors.

DATE OF JUDGMENT: 16/03/2004

BENCH: R. C. Lahoti & Dr. AR. Lakshmanan

JUDGMENT: J U D G M E N T Dr. AR. Lakshmanan, J.

These two appeals were filed against the final judgment/order dated 6.3.1997 passed by the High Court of Kerala in C.M.A. Nos. 208/94 and 43/95 restoring the common judgment and decree of the Trial Court having set aside the remand order of the lower Appellate Court. The short facts are.

The property in dispute in this appeal belong to one Kunjan who executed a deed of settlement settling his properties including the disputed property on his daughters. One of the daughters Sumathi was minor to whom the C Schedule to the Ext.B1 was allotted. The owner kept the D Schedule items which is the disputed property to himself.

The 1st respondent Kumaran is a close relative of Kunjan and was very close to the family and treated as member of Kunjan's family till the dispute arose in 1986. The property settled on Sumathi of ...

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