PATHUMMA BEEBI Vs. KRISHNAN ASARI

JUDGEMENT

(1.) The 2nd defendant in O.S. No. 248 of 1951 of the court of the District Munsiff of Palghat is the appellant in S.A. No. 541 of 1955. The legal representatives of the 3rd defendant in that suit are the appellants in S.A. No. 542 of 1955.

(2.) The suit was for the recovery of the property described in the A schedule to the plaint. The total extent of the land comprised therein is about 8 1/2 cents. Of these, about 2 1/2 cents constitute the property specified in the B schedule to the plaint and the balance constitutes the property specified in the C schedule thereto.

(3.) The whole of the property was purchased under Ext. B3 dated 5-9-1876. The purchaser was one Suppa Ammal, wife of a Pathan Asari. Both the lower courts have concurrently found that she was, till her death sometime prior to 1879, the real owner of the property.