RAVEENDRAN NAIR Vs. RAJAPPAN NAIR

JUDGEMENT

(1.) The present regular second appeals are directed against the impugned common judgment and decree dtd. 15/2/2013 in A.S. Nos. 180/2007 and 181/2007 of the Sub Court, Perumbavoor (hereinafter referred to as 'the first appellate court') arising from the judgment and decree dtd. 10/10/2002 in O.S. Nos. 44/1997 and 112/1997 of the Munsiff's Court, Perumbavoor (hereinafter referred to as 'the trial court').

(2.) O.S. No. 112/1997 was filed by the plaintiff praying for a decree for cancellation of Ext.A2 sale deed No. 1480/1991 executed by the second defendant in favour of the first defendant and for recovery of possession of 62 cents of land devolved upon the plaintiff and the second defendant equally and other consequential reliefs. O.S. No. 44/1997 was filed by the first defendant in O.S. No. 112/1997 seeking damages and consequential permanent prohibitory injunction, restraining the plaintiff in O.S. No. 112/1997 from interfering with his possession over the plaint schedule property.

(3.) Both the suits were tried together treating O.S. No. 112/1997 as the leading case. The parties are hereinafter referred to as referred in O.S. No. 112/1997 unless otherwise stated.