AVIRA JOSEPH Vs. VARGHESE MATHAI

JUDGEMENT

(1.) Three suits, i.e. OS Nos. 261 and 724 of 1982 and OS 193 of 1983 before the Munsiff's Court, Alappuzha were jointly tried and disposed of by a common judgment. OS 261 of 1982 was filed by the respondents herein while the other two suits were filed by the appellant. The appellant's suits were dismissed and respondents' suit was decreed. The appellant preferred first appeals before the lower Appellate Court, which confirmed the judgment and decree of the Court below.

(2.) OS 261 of 1982 is treated as the leading case and the parties and facts are referred to as they are available in the said suit.

(3.) The facts are as follows: All the three suits were for permanent prohibitory injunction. The plaint schedule property in OS 261 of 1992 has an extent of about four acres and is a garden land and paddy field. They are in Sy. Nos. 68/12A and 12B, i.e. 1.27 acres comprised in Sy. No. 68/12A and 2.73 acres comprised in Sy. No. 68/12B. The properties were initially owned by the predecessors - in - interest of defendants 2 to 5 in OS 261 of 1982. The properties were brought to sale in Court auction in execution of the decree in OS 171 of 1094 M.E. of Munsiff's Court, Alappuzha. One Neelakanta Iyyer Subramaniya Iyyer bid the property and the sale was confirmed in his favour and possession was taken. The plaintiff and their predecessor in interest took the property on lease from Neelakanta Iyyer Subramniya Iyyer. Ever since then, they are in actual possession and enjoyment of the property. They have obtained purchase certificates also. In the purchase certificates, some of the defendants were made parties. Even though they raised strong objection, that was rejected and purchase certificate was issued. Later, the defendants trespassed into the property and put up a shed therein. They have no manner of right over the suit property. So suits for prohibitory injunction and mandatory injunction were laid.