GANGADHARAN PUSHPANGADAN Vs. NARAYANA DHARMA SANGHOM TRUST

JUDGEMENT

(1.) THOUGH the second appeal was admitted on the substantial question of law urged in the memorandum of appeal, having heard the learned counsel on both sides, the substantial question of law requiring decision is formulated as under:

(2.) THE second appeal arises from the judgment and decree of the Sub Court, Attingal in A.S.No.120 of 1991 reversing the finding of the Munsiff's Court, Varkala in O.S.No.259 of 1989 (that the appellant is in possession and enjoyment of the suit property) and consequently dismissing the suit.

(3.) THE respondent denied that the appellant is in possession or enjoyment of the suit property. According to it, right of the appellant was only to take yield from the improvements in the suit property. The respondent contended that before and after the death of Krishnan Gangadharan, it is in possession and enjoyment of the suit property. The appellant's father started a 'sadhyalaya' in the property of the respondent. A few years later, he shifted the sadhyalaya to a portion near the suit property as permitted by the respondent. Misusing that, the appellant's father started taking yield from the suit property and obtained the right from the Government (to take usufructuous). It is further contended that on the east and west of the suit property, it is the property belonging and in the possession of the respondent and that the major portion of the land is assigned land while, a smaller portion is unassigned land. In respect of the unassigned land the respondent has made an application for assignment. The unassigned land is also in the possession of the respondent. That portion and the land on the west of the thodu are being used at the time of pilgrimage on the occasion of festival.