RAJAMMA KOSHY Vs. MEKHA RACHIE GEORGE

JUDGEMENT

(1.) The appellants are defendants 3 to 5 in the suit. They are faced with a concurrent decree by the courts below. The issue involved relates to the rival claim of title over the plaint 'B' schedule property between the appellants and respondents 1 to 5 who are the plaintiffs.

(2.) The plaint 'A' schedule is 62. 834 cents with the apartment complex and all structures thereon. The plaint 'B' schedule is a five roomed building situated in a portion of 'A' schedule. The 5th plaintiff is the apartment owners association. Plaintiffs 1 to 4 are owners of four apartments in the complex. The first defendant is the builder and the second defendant is its Managing Partner.

(3.) Under Exts. B1 to B3, the five rooms (B schedule) situated in a portion of the A schedule property was conveyed by defendants 1 and 2 in favour of the third defendant and the predecessor of defendants 4 and 5. On the basis of the said documents D3 to D5 claim title over the 'B' schedule. Out of the five rooms of 'B' schedule, one is a transformer room, and another circuit breaker room, the third one a security room and the remaining two rooms are dumped with materials.