KALLYANIPANKAJAKSHY Vs. KRISHNAN VELAYUDHAN

JUDGEMENT

(1.) THE plaintiffs in O.S. 388 of 1980, who were non-suited by both the courts below are the appellants. THE suit was one for declaration, recovery of possession and other ancillary reliefs.

(2.) ACCORDING to the plaintiffs, they obtained plaint A schedule property, which has an extent of 38 cents by virtue of Ext.A1 dated 4.10.1123, which was an acquisition in favour of the husband of the first plaintiff and father of the rest of the plaintiffs. The plaintiffs succeeded to the property as the legal heirs of Padmanabha Panicker Narayana Panicker. The defendants owned property on the north-eastern corner of plaint A schedule property. Since they did not have a convenient way to approach their property, they requested the plaintiffs to sell a portion of their land to the defendants. ACCORDINGly Ext.A2 dated 12.3.1977 was executed in favour of the defendants assigning an extent of 2 cents on the eastern side of plaint A schedule property. While the plaintiffs were away and since there was no one to attend to the plaint A schedule property, taking advantage of the situation, it is alleged that the defendants appropriated a portion of the plaint A schedule property shown as plaint B schedule and reduced it into their possession. Inspite of demands, the defendants refused to vacate the property. Hence the suit.

(3.) ON an evaluation of the evidence in the case, the trial court found that the plaintiffs have not been able to establish their title or possession over plaint B schedule property. It was also found that the defendants had obtained purchase certificate in respect of 25 cents covered by Ext.B1 and that took in B schedule also. Finding that the plaintiffs had not succeeded in establishing their case, the suit was dismissed.