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march 2000

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.

GOPALANKUTTY NAIR vs KUNHIRAMA THARAKAN · Niyam