PREMSANKAR K G Vs. SUNIL KRISHNAN

JUDGEMENT

(1.) The defendant who suffered a decree in OS No. 479/95 at the hands of the Sub Court Thrissur, is the appellant. The parties and facts are herein after referred to as they are available before the trail court. The defendant is an I.P.S. Officer. It is alleged in the plaint that he was not on good terms with the members of his family. His mother passed away on 24.01.1993 at Aswini Hospital, Thirssur. The dead body was brought to the house of the plaintiff and cremated on 25.01.1993. The allegation is that when the defendant came to perform the religious obsequies on the dead of his mother on 31.01.1993, the plaintiff was forcibly taken to a house and made to sign some blank papers. He was also tortured, according to the allegations in the plaint. Later, the plaintiff came to know that though signed blank papers have been used by the defendant to manipulate records to show that the vehicle owned by the plaintiff has been transferred to the defendant. The specific allegation in the plaint is that there was no intent on to transfer the vehicle at all and it was forcibly taken away by the defendant, using concocted documents. The plaintiff would also say that he had preferred a complaint before the police, but due to the influence exerted by the defendant, that did not yield necessary results. He has also narrated the various steps taken by him for redressal of his grievance before various authorities. He finally prays for a money decree for Rs. 45,000/- towards the value of the vehicle.

(2.) The defendant entered appearance and resisted the suit. He denied the allegations in the plaint. It was pointed out by him that the present suit is instituted as a counterblast to OS No. 221/93 which was filed by him against his parents for cancellation of a document. The defendant would claim that after receiving a sum of Rs. 45,000/-, the plaintiff had transferred the vehicle to him and that would be evident from Ext. B5. The allegations to the contrary contained in the plaint are false and contrary to facts. In pursuance of the sale of vehicle in favour of the defendant, he has got the vehicle registered in his name. Denying the allegations in the plaint, he prayed for a dismissal of the suit.

(3.) On the above pleadings issues were raised The evidence consists of the testimony of PWs 1 and 2 and documents marked as Exts. A1 to A14 from the side of the plaintiff. The defendant had DWs 1 to 3 examined and Exts. B1 to B7 marked.