RAMAKRISHNAN EZHUTHASSAN Vs. ARAVINDAKSHAN EZHUTHASSAN

JUDGEMENT

(1.) THE defendant in O.S.No.191 of 2000 of the court of learned Munsiff, Ottapalam is the appellant before me challenging the concurrent verdict against him.

(2.) THE original plaintiff, brother of appellant sued him for a decree for prohibitory injunction against trespass into the suit property and interfering with his possession. He claimed that the suit property was acquired by one Sreedevi Amma as per document No.1317 of 1959 for her thavazhy. The original plaintiff, appellant and their sisters - Padmini and Pankajakshy Amma purchased the suit property from the said Sreedevi Amma and other members of the thavazhy as per Ext.A1, assignment deed No.1002 of 1964. Appellant and Pankajakshy Amma assigned their right in the suit property to the original plaintiff as per Ext.A2, deed No.1476 of 1967. Padmini released her right in favour of the original plaintiff as per Ext.A3, document No.2342 of 1973. Thus original plaintiff claimed to be the absolute owner in possession of the suit property.

(3.) APPELLANT denied the execution of Exts.A2 and A3 and claimed that he has co-ownership right in the suit property. He also denied that the original plaintiff had exclusive possession and enjoyment of the suit property.