CHAVERI ASHOKAN NAIR Vs. KARICHARY KAMALAKSHI AMMA

JUDGEMENT

(1.) THE plaintiff in O.S.310 of 1991 before the Munsiff's Court, Kasaragod, who was non-suited by the lower appellate court, is the appellant.

(2.) TWO suits were jointly tried and disposed of by a common judgment. The appellant had filed O.S.310 of 1991 and the respondents filed O.S. 579 of 1992. Defendants in O.S. 310 of 1991 preferred two appeals as A.S. Nos.278 of 1996 and 279 of 1996. The court below allowed A.S. 278 of 1996 and dismissed A.S. 279 of 1996.

(3.) THE defendants resisted the suit by pointing out that the plaintiff did not have any manner of right over the suit property. THE sale deed relied on by him is not genuine. According to the defendants, Lakshmi Amma never had any manner of right over the suit property and therefore she could not convey any right to the plaintiff. THEy claimed that one Kunhiraman Nair, the husband of the first defendant and the father of the second defendant had obtained purchase certificate in S.M. No.608 of 1978 and S.M. 14 of 1990 from the Land Tribunal concerned. Eversince then, Kunhiraman Nair and defendants were in joint possession of the property. THEy disputed the description of the plaint schedule property.