P KUNHUNNI Vs. T R VELAYUDHAN

JUDGEMENT

(1.) The unsuccessful first defendant in O.S.No.279/1983 on the file of the Munsiff Court, Palakkad, who is the first appellant in A.S.No. 101/86, is the appellant herein. The plaintiff filed the suit for recovery of possession on the basis of title. The case of the, plaintiff is that the plaint schedule property originally belonged to the joint family of the plaintiff's grandfather and his sons. As per Ext.A1 partition deed, the plaint schedule property along with other properties were allotted to the plaintiffs father T. V. Raman as B schedule. The said Raman and others entered into a partition as per Ext.A2 on 27-12-1961. Item No. 17 in B schedule allotted to the plaintiff is the plaint schedule property. The said property was in the possession and enjoyment of the plaintiff. Since he was employed in far away places, the property was being looked after by his father T. V. Raman, who was paying the basic tax on behalf of the plaintiff. Father of the plaintiff was residing about 10 kilo meters away from the plaint schedule property. On 2-8-1983, when the plaintiff's father went to the property to see whether any black gram could be raised in the property, he found the property fenced all around and black grams was sown in it. On enquiries it was found that the defendant trespassed into the property a few days prior to his visit and sown black gram and got it fenced. Hence the suit for recovery of possession.

(2.) The defendants filed written statement contending that neither the plaintiff nor his father was in possession of the plaint schedule property. It is admitted that the plaint schedule property originally belonged to the family of plaintiffs grandfather.

(3.) On the basis of the pleadings, the Trial Court raised 11 issues. The evidence consists of the oral testimony of PW 1 and DWs.1 and 2 documents Exts. A1 to A30 and B1 to B6. The Trial Court after appreciation of the evidence decreed the suit. The defendant filed appeal before the first appellate court and the appellate court confirmed the judgment and decree of the Trial Court and dismissed the appeal. This Second appeal is filed by the defendant against the said judgment and decree.