NARAYANAN KRISHNAN Vs. KALI LEKSHMI

JUDGEMENT

(1.) These appeals arise out of the decree dated 23rd Mithunam 1120 passed by the Temporary Second Judge of Trivandrum in O.S. No. 123 of 1113 in the District Court of Trivandrum. Defendants 2 and 4 are the appellants in the former and plaintiffs 1 and 3 are the appellants in the latter appeal.

(2.) The suit was for recovery of possession of 8 items of immovable property held in ownership and shown in Schedule A, one item of immovable property held under a mortgage right shown in Schedule B, and various items of movables shown in Schedule C to the plaint.

(3.) There were 3 plaintiffs when the suit was filed, of whom the 2nd plaintiff died subsequently and Appeal No. 566 of 1123 was, therefore, filed by the remaining plaintiffs 1 and 3. Plaintiffs 2 and 3 are the children of the 1st plaintiff. 1st defendant is the brother of the 1st plaintiff. Defendants 3 to 7 are the children of Kumaran Raman, the maternal uncle of the 1st plaintiff and 1st defendant and defendants 8 to 11 are his grandchildren. 2nd defendant is a stranger in whose favour Kumaran Raman gave a mortgage which is attacked in the suit. 12th defendant is another stranger and he is brought in as representative of his father, in whose favour the said Kumaran Raman executed a hypothecation in connection with a chitty, which document also is impeached in the suit. Defendants 3 to 11 are impleaded as claimants to and as in possession of Kumaran Raman's properties under a deed of settlement which is also impeached.