BIBLE FAITH MISSION Vs. CHARLES NADAR JNANADAS

JUDGEMENT

(1.) THIS Second Appeal arises from the judgment and decree of learned Sub Judge, Neyyattinkara in A.S. No. 51 of 1995 reversing the decree granted by the learned First Additional Munsiff, Neyyattinkara in O.S. No. 719 of 1990. Appellant -plaintiff as referred to in the plaint is the Bible Faith Mission (for short, "the BFM") represented by its Secretary and as authorized by Ext.A2, resolution. According to the appellant, the building scheduled in the plaint bearing door No. PP7/381 situated in eight cents in Sy. No. 106/1 originally belonged to P.W. 2 and while so, as per an agreement for sale in June, 1982 appellant got possession of the said eight cents where it constructed the building. It claimed to be in possession and alleging that the original defendant attempted to trespass, filed the suit for a decree for prohibitory injunction.

(2.) ORIGINAL defendant denied the allegation that there was any agreement between P.W. 2 and the appellant and that appellant constructed the building. Original defendant also denied that appellant has possession of the building. He claimed that on 23.02.1983, P.W. 2 executed Ext.B1, assignment deed in favour of Rev. P.V. Jacob who then was the President of the Church of God.

(3.) THE following substantial questions of law are raised for a decision.