SONALAL, S/O. CHEERAMBATH MANIKUTTY, MULANGU DESOM, THOTTIPPAL VILLAGE MUKUNDAPURAM TALUK Vs. GOERGE, S/O. ALOOKARAN KUNJUVAREED, PONGOTHRA DESOM PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT

JUDGEMENT

(1.) THE substantial question of law framed for a decision is as under:

(2.) A total of 62 cents belonged to the father of appellant. 31 cents towards western side of that property was obtained by one Vinaya Raj, brother of appellant. Appellant got absolute right over the eastern 31 cents as per release deed No. 2276 of 1997. The property described in the plaint schedule is the said 31 cents.

(3.) RESPONDENT denied that he lent Rs. 50,000/ - to the appellant. He claimed to have purchased the suit property for Rs. 12,500/ -as per Ext.A3 (Ext.B1). He claimed that he got possession of the suit property pursuant to the said assignment deed. He contended that when Madhu and Vinaya Raj, brothers of appellant attempted to trespass into the suit property, he filed O.S. No. 14 of 2000 and during the pendency of that suit, appellant, Madhu and Vinaya Raj trespassed into the suit property and took possession thereof.