P.K. SIVASUBRAMANNIAN, S/O. PARAKKATTU KOZHISSERI MEENAKSHI AMMA, KONDATH HOUSE, P.O. VALLUVANGAD, VIA. PANDIKKAD, MALAPPURAM DISTRICT Vs. MOHAMMED, VETTIKKATTIRI AMSOM, KARAYA DESOM, P.O. VALLUVANGAD, ERNAD TALUK, MALAPPURAM DISTRICT AND ORS.

JUDGEMENT

(1.) POINTED out in P.T. Ramanujan and others v. Bhaskaran (1971 KLT 624)

(2.) RESPONDENTS contended that they are in possession of the suit property, they had obtained a lease of the adjoining property from the said Mana in the year, 1910 (evidenced by Ext. X1) and that on the belief that the said lease covered the suit property also, they are in possession and enjoyment of the suit property.

(3.) TRIAL court initially dismissed the suit by judgment dated 22.12.1979 which was challenged before the first appellate court in A.S. No. 7 of 1980. First appellate court allowed the appeal by judgment dated 28.02.1981. Next was the turn of respondents. They challenged judgment and decree of first appellate court in this Court in S.A. No. 363 of 1981. This Court, on hearing learned counsel on both sides found apparent contradiction in the findings entered by the first appellate court since at one stage, first appellate court took the view that appellant is in possession of the property, while at another stage, it took the view that appellant is entitled to get mesne profit (as if respondents are in unlawful possession of the property). This Court set aside the judgment and decree of both the courts and remitted the case to the trial court for fresh decision. After remand, trial court concluded that respondents are in possession of the property even before 1966 and dismissed the suit. Appellant challenged that judgment and decree before learned Sub Judge, Manjeri in A.S. No. 14 of 1987. That appeal was dismissed against which this Second Appeal is filed.