PUTHIYAPURAYIL HARIDASAN Vs. M.A.RAJALAKSHMI

JUDGEMENT

(1.) THE appeal arises from the judgment dated 05.11.2011 of the learned Sub Judge, Payyannur in A.S.No.106 of 2004 directing remand of the case to the trial court for fresh decision.

(2.) RESPONDENTS are the legal representatives of the deceased plaintiff who sought recovery of possession of the suit property - 1 cent in re-survery No.54/11 of Taliparamba village and other reliefs. According to the original plaintiff, the suit property and other items originally belonged to Kuppadakath Tharvad and while so, she got possession of the same as per final decree in O.S.No.79 of 1959 of the Sub Court, Thalassery. She alleged that the appellant/defendant trespassed into the said property and took forcible possession.

(3.) TRIAL court found that the original plaintiff was not able to prove the title claimed by her over the property and that documents produced by the appellant show that he was one cent in resurvey No.4/11. Trial court was also of the view that it is difficult to accept version of the original plaintiff that the appellant manipulated the old records to claim title and possession of one cent in resurvey in re-survey No.54/11. A further finding the trial court has arrived at is that the original plaintiff did not produce the document of title and that the judgment in O.S.No.79 of 1969 is not one in rem and cannot bind the appellant who is not a party to the said proceeding. So holding, the suit was dismissed.