LAWS(KER)-1971-2-8

RAMAVARMA RAJA Vs. PADMANABHA BHATTATHIRI SUBRAMONIAN BHAITATHIRI

Decided On February 27, 1971
RAMAVARMA RAJA Appellant
V/S
PADMANABHA BHATTATHIRI SUBRAMONIAN BHAITATHIRI Respondents

JUDGEMENT

(1.) These appeals are from the decisions of a learned single Judge of this court in three second appeals.

(2.) O. S.531/1955 from which A.S. 342/1966 arises was a suit instituted for declaration of the plaintiff's title and possession of S. No, 154/7B and for injunction to restrain the execution of the decree in O.S. 101/1102 of the Kottayam District Court. O.S. 361/1953 from which A.S. 341/1966 arises was a suit for mesne profits filed by defendants 1 and 4 in O.S. 531/1955 for, unlawful taking possession of the plaint property in O.S. 531/1955 in execution of the decree in O.S. 661/1093 of the Thiruvalla Munsif's Court. O.S. 392/1956 from which A.S. 343/66 arises was a suit for similar relief of a subsequent "period. Counsel on both sides are agreed that a decision in A.S. 342/1966 would dispose of the other two appeals.

(3.) Defendants 1, 4 and contended that the suit property never belonged to the plaintiff's illom, that the illom has been properly represented in O. S. 101/1102, and that the plaintiff was not entitled to any relief.