Kottayam Tile Works Ltd. Rep by Director v. Joseph
Case brief
What is this about?
In a suit for declaration of title and recovery of possession, the High Court accepted a commissioner's report identifying the disputed property. The court directed the plaintiffs to recover a specific plot (AGHB) from the defendants, modifying the lower appellate decree based on survey findings.
What did the court decide?
Decree modified to declare plaintiffs entitled to recover the plot shown as AGHB in the commissioner's sketch dated 27.3.2008.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932
SA.No. 572 of 1994(B)
-------------------------------AS.176/1986 of DISTRICT COURT, KOTTAYAM OS.186/1981 of MUNSIFF COURT, ETTUMANOOR ....................
APPELLANT(S): RESPONDENT/DEFENDANT
---------------------------------------------------------------
1. KOTTAYAM TILE WORKS LTD., NEELIMANGALAM PERUMPAIKADU, REP.BY DIRECTOR KRISHNA IYER RESIDING AT BRINDAVAN, A36, INDIRA NAGAR, DEVALOKAM P.O., KOTTAYAM.
*ADDL. 2ND APPELLANT IMPLEADED.
2. M/S.GANDHINAGAR REGENCY PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT GANDHI NAGAR P.O., PERUMPAIKATTUSSERY KARA, PERUMPAIKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, REP.BY ITS MANAGING DIRECTOR, K.J.JOSEPH.
Issues for consideration
3 issues framed by the court
Whether the commissioner's report regarding the measurement of the disputed property should be accepted.
Whether the suggested deduction of 0.59 Ares from the extent of the property should be accepted.
Whether the plaintiffs are entitled to recover the specific plot identified by the Commissioner as AGHB.
Parties & counsel
- appellant
KOTTAYAM TILE WORKS LTD.
- appellant
M/S. GANDHINAGAR REGENCY PVT. LTD.
- respondent
JOSEPH
Coram
Case details
As recorded by the court registry
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