KOMALAM AMMA Vs. KUMARA PILLAI RAGHAVAN PILLAI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned single Judge of the Kerala High Court dismissing the second appeal filed in terms of Section 100 of the Code Of Civil Procedure, 1908 (in short 'the Code'). The second appeal was filed by the appellant, who was defendant No. 1 in 0-S. No.426 of 1986 on the file of learned first Additional Munsiffs Court, Thiruvananthapuram. She and the present respondent Nos. 2 and 3 were the defendants and respondent No. 1 was the plaintiff, who is the husband of the appellant and father of respondent Nos. 2 and 3. The Suit was one for declaration of title in respect of Plaint-A Schedule Property where the defendants were residing and for recovery of possession with mesne profits.

(3.) The Trial Court as well as the first appellate court concurrently decreed the suit finding title over the plaint-A Schedule property with the plaintiff-husband. They held that Plaint-A. Schedule property was purchased by him under Exh.A-1 (sale deed) utilising his own funds and the funds for the acquisition of the property were not provided by the present appellant-wife. The concurrent decrees passed by the courts below were assailed before the High Court.