OMANAKUTTAN Vs. SOMARAJAN

JUDGEMENT

(1.) PETITIONER in E.A. No.137 of 2006 in E.P. No.229 of 1994 in O.S. No.183 of 1985 of the Munsiff's court, Kayamkulam is the appellant. In that suit the learned Munsiff passed a preliminary decree for partition and separate possession of the half share claimed by the 1st respondent. The 2nd respondent/defendant challenged that preliminary decree in appeal and second appeal but successively lost. That was followed by a final decree. When the 1st respondent initiated execution proceeding appellant who is the son of the 2nd respondent came up with E.A. No.137 of 2006. The executing court dismissed that application which the learned Second Additional District Judge, Mavelikkara confirmed in A.S. No.16 of 2000. Hence this Second Appeal.

(2.) THE 1st respondent is the son of the late Kuttappan in his first wife. Appellant claimed to be the son of the said Kuttappan in the 2nd respondent. He claimed that during the year, 1973 and earlier, the said Kuttappan and the 2nd respondent were living together as husband and wife. The 2nd respondent had entrusted the money belonging to her with Kuttappan for the purchase of a property for the sub tarwad represented by her. With that money, the late Kuttappan purchased the suit property as per sale deed No.2110 of 1973 for the benefit of the sub tarwad of the 2nd respondent. Appellant therefore has got right in the suit property. He contended that at any rate, title of the 1st respondent is lost by adverse possession and limitation.

(3.) THE appellant examined P.Ws.1 to 4 in support of his contentions and proved Ext.C1, report of the Advocate Commissioner (P.W2.). The executing court was not impressed by the contentions raised and dismissed E.A. No.137 of 2006 which the first appellate court has confirmed.