KRISHNANKUTTY Vs. NAGARATHNAM

JUDGEMENT

(1.) DEFENDANTS 2 to 6 in O.S.No.8/2002 on the file of Additional Sub Court, Palakkad are the appellants. Respondents are the legal heirs of deceased plaintiff. The suit was instituted for recovery of possession on the strength of title. Case of the plaintiff was that plaint schedule property was obtained on lease by Subbayya Pillai from Valiyathamburatti of Ambadi Kovilakom. Subsequently, Land Tribunal, Kuzhalmannam initiated suo motu proceedings and by Annexure-A2 order, jenm right was assigned in favour of Subbayya Pillai and issued Exhibit A1 purchase certificate. Under Exhibit A1 purchase certificate, deceased plaintiff was in absolute owner and possession of the property. It is alleged that deceased first defendant created a document in favour of second defendant, though first defendant has no right over the property. On the strength of the assignment deed, he trespassed into the plaint schedule property in 1998 and reduced it into his possession and defendants have no right over the property and therefore, plaintiff is entitled to recovery of possession on the strength of title.

(2.) ON the death of the first defendant, appellants were impleaded as his legal heirs. They filed a written statement contending that father of the plaintiff has not obtained the plaint schedule property on lease and he had no tenancy right and the purchase certificate obtained is not valid. Property was originally outstanding in the possession of Muriyappan Pillai on tenancy right obtained from intermediary Krishnaswamy Iyer. Subsequently, Muriyappan Pillai surrendered the property and deceased first defendant obtained the property on lease forty years back and since then, he has been in possession of the property. Later, in 1986, he assigned 1.67 acres out of the said property in favour of second appellant and an extent of fifty six cents was subsequently assigned in favour of first appellant by deceased first defendant and plaintiff is not entitled to the recovery of possession sought for.

(3.) LEARNED counsel appearing for the appellants and respondents were heard, as notice was issued to the respondents before admission.