JAYA SREEDHAR Vs. MURALEEDHARAN NAIR

JUDGEMENT

(1.) CLAIMING that the suit property, 17 Ares in R.S. No.216/1 was acquired by her husband, the late Sreedharan Nair as per Ext.A1, assignment deed No.1277 of 1974 and on his death the said property devolved on her, appellant/plaintiff sued the respondents/defendants who are the brothers of her late husband for a decree for prohibitory injunction. Appellant claimed that she is the absolute owner in possession of the suit property and that respondents own some property adjacent to the said property. They attempted to interfere with the boundary stones of the suit property and trespass into the said property. Hence the suit.

(2.) RESPONDENTS contended that appellant has no title or possession of the suit property as per Ext.A1, assignment deed No.1277 of 1974 and that the suit property forms part of the 2.27 Acres described in the B schedule of Ext.B7, Will No.93 of 1988 executed by their parents. They further contended that the building situated in the suit property bearing door No.VIII/188 is assessed in the name of their mother. As per Ext.B7, Will, the B schedule property therein was bequeathed to the 2nd respondent. They thus claimed to be in possession and enjoyment of the suit property as its owners.

(3.) RESPONDENTS challenged that judgment and decree in appeal. The first appellate court was of the view that there is no proper identification of the property covered by Ext.A1 and that appellant has not proved her claim of possession of the suit property. The appeal was allowed and the suit was dismissed. Hence the Second Appeal.