SOOSSAN JOHNSON Vs. MANOJ S.

JUDGEMENT

(1.) The appellant, Smt.Soossan Johnson, is the plaintiff in O.S.No.278/2000 on the files of the Sub Court, Kottarakkara. She initially filed the said suit arraying respondents 1 to 3 herein as the defendants, praying that her title and possession over the plaint schedule property - comprised of 58.750 cents and a building thereon - be declared; with an additional prayer that a Sale Deed, Document No.1123/2008 of the Punalur SRO, which she had been allegedly deceived by the defendants to execute in the name of the first defendant, be set aside. She also prayed that the defendants be restrained by a permanent prohibitory injunction from trespassing into the plaint schedule property.

(2.) For the sake of convenience, the parties will hereinafter be referred in the manner as they are arrayed in the suit.

(3.) The case of the plaintiff, as can be forgathered from the plaint filed by her, is that the second defendant - Sri.Mohan G.Nair, is the Proprietor of an entity by name 'Stone Hill Foundation Publishing Co.', of which the first defendant is the Manager. She alleged that on 12.09.2007, the third defendant, in his capacity as the Proprietor of 'Stone Hill Foundation Publishing Co.', issued an appointment letter to her son - the third defendant, offering to employ him as an Office Assistant at Ernakulam. She says that her son joined duty immediately as a Trainee for a period of six months and that defendants 1 and 2, thereafter, represented to him that if he completes the training successfully, he will be confirmed on a monthly salary of Rs.25,000/-, with a condition that he either furnishes cash security, in the nature of a Bond, for an amount to be fixed later, or that he hand over the title deed of a valuable property in order to have the Bond registered on its security. The plaintiff states that when her son informed of this and pleaded her to hand over the title deed of the plaint schedule property, which is her sole residential one, she relented in the hope that he will obtain a permanent employment. She says that she thus handed over the original title deed and a Tax Receipt to the third defendant, who, in turn, delivered it to the second defendant.