DEVADAS M Vs. SARAMMA

JUDGEMENT

(1.) THE defendant in O.S.No.119 of 2012 of the Principal Munsiff's Court, Kasaragod is aggrieved by Exts.P5 and P5(a), orders.

(2.) THE respondents filed a suit for recovery of possession of the suit property alleging that the sale deed allegedly executed by their predecessor-in- interest (Moideen Beary) in favour of the petitioner's father in the year, 1983 is concocted and got registered by impersonation. Petitioner contended that the date of death of Moideen Beary stated in the plaint is not correct and the suit is barred by limitation.

(3.) THE learned counsel submitted that document No.881 of 1964 was not executed by Moideen Beary having regard to the averments in paragraph 4 of the plaint as to his place of residence. A further contention is that document No.881 of 1964 was allegedly executed in the year, 1964 while the impugned assignment deed in favour of the father of petitioner was executed in the year, 1983. It is also contended that though the suit was barred by limitation as pleaded by the petitioner, that question was not considered by the trial court.