NARAYANA PRABHU Vs. JANARDHANA MALLAN

JUDGEMENT

(1.) The appeal being of the year 1974, though we are naturally anxious to finally dispose it of, we are forced to remit the matter to the High Court as we are convinced after hearing the learned Sr. Counsel on both sides that the matter requires remittance. We propose to give only bare minimum facts necessary for making this remand order.

(2.) Defendants 1 and 2 in O.S. No. 35/63 on the file of the Court of Sub-ordinate Judge, Irinjalakuda (Kerala) are the appellants in this appeal. Respondent Nos. 1-6 were the plaintiffs in the said suit. Respondent No.5 has since expired and respondent Nos. 8-12 are substituted as his LRs. in his place. Respondent Nos. 7 and 13 were defendants Nos. 4 and 3 respectively in the said suit.

(3.) For the sake of convenience, we will refer the parties by their ranks in the original suit. The plaintiffs (respondent Nos. 1-6) filed the said suit challenging the sale deed dated 24-3-55 executed by their father and also the father of the 4th defendant who is none other than the elder brother of the plaintiffs.