MANIRAJAN PILLAI Vs. K K KARUNAKARAN NAIR

JUDGEMENT

(1.) The defendants in O.S.No.223 of 1993 on the file of the Munsiff Court, Thiruvalla are the appellants. Pending the appeal, the respondent/plaintiff had passed away and his legal heirs have been brought in as additional 2nd and 3rd respondents.

(2.) The above suit was one for declaration of title, possession and injunction. Initially, the suit was filed as one for injunction alone, but, later, amended seeking the declaratory relief as well. There are two items of properties in the suit, both of which are claimed by the plaintiff under Ext. A1 gift deed executed by his maternal aunt Kunjulakshmi Amma.

(3.) On the materials placed, which consisted of PWs.l to 3 and Exts.Al to A5 series for the plaintiff and DWs. 1 to 3 and Exts.B1 to B4 for the defendants, the claim of the plaintiff canvassed under Ext.Al gift deed was upheld by the trial court holding that such gift had come into effect on its execution by Kunjulakshmi Amma and acceptance by the donee, plaintiff. The challenges raised impeaching its validity and also the rival claim of title and possession by the defendants by way of subsequent gift deed from Kunjulakshmi Amma, revoking the previous deed were turned down. Suit was decreed declaring the title and possession of the plaintiff over the suit property, granting him perpetual prohibitory injunction as well restraining the defendants from trespassing and interfering with his possession and enjoyment. Challenge against the decision of the trial court by the appellants was turned down by the lower appellate court, dismissing their appeal. Concurrent decision so rendered by the two courts below that the plaintiff has obtained title and possession over the suit property under Ext.Al gift deed and also the decree of injunction passed against the defendants, is assailed by them in this Second appeal.