Supreme Court of India · 2000-03-03
GOPALANKUTTY NAIR vs KUNHIRAMA THARAKAN
- Citation / case number
- SC 1998/15091
- Court
- Supreme Court of India
- Petitioner
- GOPALANKUTTY NAIR
- Respondent
- KUNHIRAMA THARAKAN
- Bench
- S. SAGHIR AHMAD & D.P. MOHAPATRA
Judgment text excerpt
The Supreme Court upheld the High Court's decision in second appeal No. 601/89, which declared the plaintiffs' title over the green shaded plot marked 'XYZ' and the first defendant's title over the yellow shaded plot marked 'WXZ' in the commissioner’s plan Ext.C2. The Court emphasized the importance of establishing exclusive title and possession, affirming that the plaintiffs had been in exclusive enjoyment of the property since a partition decree in 1943. The Court directed the removal of obstructions for water flow and restrained both parties from interfering with each other's possession, thereby resolving the dispute amicably.