This is a review petition dismissing an appeal where the suit for declaration of title by adverse possession was held non-maintainable based on the Supreme Court's decision in Gurudwara Sahib v. Gram Panchayat Village Sirthala.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
RP.No. 4 of 2016 IN RSA.367/2015
AGAINST THE JUDGMENT DATED 02-11-2015 IN RSA 367/2015.
REVIEW PETITIONER/APPELLANT:
P.A.ABDULLAKUNHI HAJI, AGED 62 YEARS, S/O.AHMAD, CHEROOR, CHENGALA VILLAGE, PO CHEROOR, KASARAGODE DISTRICT.
BY ADV. SRI.M.K.CHANDRA MOHANDAS
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,
2. C.A.MOIDEEN KUNHI, AGED ABOUT 65 YEARS,
R1 BY GOVERNMENT PLEADER SRI.JOBY JOSEPH R2 BY SRI.BECHU KURIAN THOMAS (SENIOR ADVOCATE)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P.B.SURESH KUMAR, J.
R.P.No.4 of 2016
in
R.S.A.No.367 of 2015
Dated this the 18th day of January, 2016
ORDER
The appellant seeks review of the judgment in the second appeal.
R.P.No.4 of 2016
2
Gram Panchayat Village Sirthala and Another [(2014) 1 SCC 669] and the decision was rendered by this Court following the said decision of the Apex Court. Consequently, the second appeal was dismissed as per the judgment sought to be reviewed.
I do not find any merit in the contention raised by the review petitioner. I have not decided the correctness of the decisions rendered by the courts below on the issue of possession. The finding as to possession rendered by the trial court in favour of the plaintiff and the finding as to possession rendered by the appellate
R.P.No.4 of 2016 3
court against the plaintiff in a suit which is found to be not maintainable will not stand in the way of the plaintiff establishing his possession, if any, over the suit property independently. In the said view of the matter, there is no merit in the review petition and the same is, accordingly, dismissed.
P.B.SURESH KUMAR, JUDGE.
smm
3 issues framed by the court
Whether a suit for declaration of title over suit property by adverse possession is maintainable.
Whether the dismissal of a review petition challenging the dismissal of a second appeal which held the suit non-maintainable requires intervention.
Whether findings on possession in the lower courts can protect the appellant's settled possession despite non-maintainability of the suit.
Colour shows how this judgement treated each authority
Gurudwara Sahib v. Gram Panchayat Village Sirthala and AnotherRelied on¶26
Gurudwara Sahib v. Gram Panchayat Village Sirthala and Another [(2014) 1 SCC 669] · Who else cites this
1 provisions across 1 enactments
P.A.Abdullakunhi Haji
State of Kerala
C.A.Moideen Kunhi
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
