KUNJULEKSHMI Vs. KRISHNAN UNNITHAN

JUDGEMENT

(1.) THESE appeals arise from O. S.18/1982 before the Subordinate Judge's Court, Mavelikara. That suit was for declaration of the right of plaintiff and defendants 1 and 2 over two schools scheduled as items 19 and 20 as well as the Educational Agency and for consequential reliefs.

(2.) PLAINTIFF and defendants 1 and 2 are the children of deceased Govinda Pillai Narayana Pillai through . his legally wedded wife Kunju Lekshmi Amma Devaki Amma. The said Narayana Pillai was having illicit connection with the 3rd defendant even during the life-time of plaintiff's mother. In that relationship defendants 4 to 7 were born to the 3rd defendant. Plaintiff's mother Devaki Amma died on 9-1-1963. Ext. A3 is her death certificate. The said Narayana Pillai died on 3-11-1981. The plaintiff's father had founded a High School as well as a L. P. School in plaint items 1 to 18. Items 1 to 15 were purchased in the name of plaintiff's father. In 1977 plaintiff's father appointed him as the permanent Manager of the High School. That appointment was recognised by the Education Department and he was functioning as the Manager of the High School Plaintiff's father appointed the 4th defendant as the Manager of the L. P. School. A The plaintiff constructed a building in the plaint property with his own funds. The remaining buildings were constructed by plaintiff's father with the money obtained by him by selling plaintiff's property. Plaintiff's father filed a suit O. S.304/1978 before the Kayamkulam Munsiff Court against himself and the 1st defendant in respect of plaint items 1 to 18 and other items of properties for injunction restraining them from obstructing his possession and enjoyment of the properties. Ext. A6 is the copy of the plaint and Exts. A 7 to A12 are the copies of petitions, orders or records in that suit. Later that suit was withdrawn. On 13-2-1979 plaintiff's father filed a petition before the District Educational Officer for permission to remove the plaintiff from the Managership of the High School and to appoint the 4th defendant as the Manager. The D.E.O. allowed the petition by Ext. B14 order on 23-10-1980 and that order was confirmed by the Government by Ext. B15 order dated 24-10-1981. Plaintiff filed O. P. No. 5822/1981 before this Court challenging that order. During the pendency of that O. P. plaintiff's father died on 3-11-1981. His right as the Educational Agency devolved on the plaintiff and defendants 1 and 2. That O. P. was dismissed without prejudice to the plaintiff's right to work out his remedies in appropriate proceedings. Ext. A13 is the judgment in the O. P. dated 10-11-1981. Eventhough 4th defendant was appointed Manager of the School, the order of the D. E. O. did not take effect. Plaintiff I continued to be the Manager of the High School. The order appointing 4th defendant has become ineffective due to the death of plaintiff's father. Defendants 3 to 7 claimed right over plaint items 1 to 18 on the basis of a will dated 31-8-1978 executed by plaintiff's father Narayana Pillai. The will is produced as Ext. B21. But the Schools, the right of educational agency and the furniture in the School were not included in the will. Thus plaintiff and defendants 1 and 2 have inherited the right over the Schools, furniture and the educational agency. The will is void and separate suit will be filed to set aside the same. 4th defendant has no right to take the yield from the properties. Plaintiff is in possession of the properties and taking the yield from the trees therein. Therefore, the suit was filed to restrain defendants 3 onwards from trespassing into the plaint items 1 to 18 and taking yield from the properties and from interfering with plaintiff's right to the management of the Schools.

(3.) THE court guardian of minor defendants 6 and 7 filed a written statement supporting defendants 3 to 5.