MOOVELIL DEVASWOM AND PUTHUCHIRAKAVA Vs. RAJAPPAN NAIR

JUDGEMENT

(1.) THIS appeal arises from the order passed by the learned Sub Judge, Thodupuzha on I.A.Nos.198 and 199 of 2007 in A.S.No.20 of 2000. Before referring to the dispute involved in this appeal, it is appropriate that a brief reference is made to the facts of this case.

(2.) ONE Krishnan Nair, predecessor-in-interest of the respondents 1 to 3 filed application No.1109 of 1976 in the Land Tribunal concerned (for short, "the Tribunal") for assignment of landlord's right over 45 cents in survey 671/4 of Purappuzha village claiming to be its cultivating tenant impleading the 4th respondent/4th defendant as representing the Deity being a trustee of the appellant. Krishnan Nair and the 4th respondent filed a joint statement in J form based on which the Tribunal assigned landlord's right to the said Krishnan Nair. He executed a settlement deed in respect of the said property in favour of his children - the respondents 1 to 3.

(3.) THE respondents 1 to 3 resisted that suit contending that the purchase certificate is valid and conclusive and that the respondents 1 to 3 are the title holders in possession of the said property. It is the further contention of the respondents 1 to 3 that after assignment of landlord's right to the late Krishnan Nair and after he executed the settlement deed in favour of respondents 1 to 3, the 4th respondent trespassed into the property. Respondents 1 to 3 filed O.S.No.248 of 1988 in the Munsiff's Court, Thoudpuzha for a declaration of their title and for recovery of possession. That suit was decreed in favour of the respondents 1 to 3 which the 4th respondent challenged in appeal unsuccessfully. The second appeal arising from the judgment of the first appellate court was dismissed in limine. In execution of the decree in O.S.No.248 of 1988, the respondents 1 to 3 got possession of the property. Thereafter at the instance of the 4th respondent, the appellant has preferred O.S.No.310 of 1996 without any basis.