CHENAKOTTIYATHAPURA KADEESABI Vs. PALLICHAPURA MOHAMMED KOYA

JUDGEMENT

(1.) Plaintiffs are the appellants. Suit for declaration of title and injunction, was dismissed by the trial court, and, it was confirmed in appeal by the lower appellate court. Feeling aggrieved, the plaintiffs have come up with this appeal.

(2.) Short facts necessary for disposal of this appeal are thus:

(3.) Before the amendment of the suit, while it continued for a decree of injunction alone, four issues had been raised pertaining to questions relating to the entitlement of the plaintiffs to claim that discretionary relief, and, after amendment of the plaint, seeking the declaratory relief of title over the suit property, three more issues were raised to consider the declaration sought for with reference to the validity of Ext.A-2 gift deed and also whether Ext.B-2 sale deed is void and not binding on the plaintiffs. On the issues so cast in the suit, plaintiffs examined PW1 and got marked Exts.A-1 to A-7 and the defendants, DWs.1 and 2 and Exts.B-I and B-2. The learned Munsiff, after appreciating the materials tendered with reference to the pleadings in the case, holding that there was no delivery and taking over of the possession of the property covered by Ext.A-2 gift deed, and, it has not come into effect, non-suited the plaintiffs. As against the dismissal of the suit,the plaintiffs preferred an appeal. The lower appellate court, after reappraisal of the materials, concurring with the view formed by the trial court that Ext.A-2 gift has not come into existence, dismissed the appeal. Concurrent decision rendered by the two courts below non-suiting the plaintiffs is challenged by them in this appeal.