PERINGOTTILLATH DEVAKI ANTHARJANAM Vs. SANKARAMANGALATHILLATH KRISHNAN

JUDGEMENT

(1.) THE plaintiff had earlier filed O.S. No. 183/2008 on the file of the court of the Munsiff of Payyannur for a declaration that the purchase certificate obtained by the predecessor in interest of the defendants is void. The court below though granted such declaration while decreeing the suit, did not grant the relief of recovery of possession since the claim was not based on the title of the plaintiff.

(2.) THE plaintiff has subsequently filed O.S. No. 72/2010 on the file of the court of the Munsiff of Payyannur for recovery of possession on title and relies on the earlier judgment in O.S. No. 183/2008. The purchase certificate obtained by the predecessor in interest of the defendants is on the basis of a lease deed dated 28.06.1965 which has obviously come into existence well after 01.04.1964.

(3.) THE plaintiff had initially filed I.A. No. 704/2011 in O.S. No. 72/2010 seeking for the appointment of a Commissioner to measure and identify the plaint schedule property. But the application was dismissed for the reason that there is no boundary dispute and that the property is clearly identifiable with reference to the purchase certificate and also the lease deed. The defendant subsequently filed I.A. No. 1711/2011 for issue of a Commission to assess the value of improvements in the lease hold property.