NARAYANAN Vs. KUMARAN

JUDGEMENT

(1.) 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.

(2.) 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 properly to himself.

(3.) The 1st respondent Kumaran is a close relative of Kunjan and was very close to the family and treated as member of Kunjans family till the dispute arose in 1986. The property settled on Sumathi of which possession continued to be with Kunjan in terms of Ext.B1. In 1976 Kumaran executed Ext.A1 and some properties were transferred to the 1st respondent, Kumaran. The property settled on Sumathi of which possession continued to be with Kunjan in terms of Ext.B1. In 1976 Kumaran executed Ext.A1 and some properties were transferred to the 1st respondent Kumaran. It is dearly recited in the document that only property covered by C Schedule to Ext.B1 which was allotted to Sumathi was the subject of transfer. This had an extent of 1.51 acres. The D Schedule property was not included in Ext.A1. However, by fraudulently and with the connivance of the 3rd respondent, the 4th defendant, the schedule to the document was also drafted as to bring the property owned and possessed by Kunjan under D Schedule to Ext.B1 as also 56 cents of lands not covered thereby. Despite this mistake described in the document, Kunjan continued to be in possession of the disputed property and its accreditation while the 1st respondent, Kumaran was also closely moving with the family and there was no action from Kunjan.