NARAYANIKUTTY Vs. KALLYANIKUTTY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 16.09.2020 passed in A.S.No.91 of 2014 of Subordinate Judge's Court, Ottappalam (hereinafter referred to as 'the first appellate court') which arose out of the judgment and decree dated 19.09.2014 in O.S.No.16 of 2012 of the Court of the Munsiff-Magistrate, Mannarkkad (hereinafter referred to as 'the trial court').

(2.) The appellant herein was the plaintiff in O.S. No.16/2012 and the respondents herein were the defendants therein. The suit was one for permanent prohibitory injunction. The parties are hereinafter referred to as 'the plaintiff' and 'the defendant' according to their status in the trial court.

(3.) The plaint averments in brief are hereinbelow:- The plaint schedule property originally belonged to the first defendant and her husband Sreedharan. On 23rd May 1986 , the first defendant and her husband Sreedharan borrowed a sum of Rs.54,000/- from the plaintiff for the construction of a house in the plaint schedule property and executed an agreement between the parties. The plaintiff was permitted to reside therein as per the terms of the agreement. Accordingly, the plaintiff has been residing therein for the last 25 years openly, peacefully and without any intervention of the defendants. There is a stipulation in the agreement that when the plaintiff desires to change the residence from the plaint schedule property, the aforesaid amount with interest has to be returned to the plaintiff to that extent the plaint schedule property is mortgaged to the plaintiff. Sreedharan, who was one of the parties to the agreement, is no more. The defendants are the legal heirs of the deceased Sreedharan. The defendants threatened the forcible eviction of the plaintiff from the plaint schedule building.