LAWS(KER)-2023-4-90

BHARGAVIAMMAL Vs. PARAMU ACHARY

Decided On April 05, 2023
Bhargaviammal Appellant
V/S
Paramu Achary Respondents

JUDGEMENT

(1.) The Regular Second Appeal has been filed against the judgment and decree in A.S.No.31 of 1997 on the file of Additional District Court, Pathanamthitta which in turn arise out of the judgment and decree in O.S.No.39 of 1993 on the file of Munsiff's Court, Adoor.

(2.) Appellants are the plaintiffs in a suit for declaration of title setting aside a document and also for injunction. The trial court decreed the suit and the first appellate court reversed the judgment and decree passed by the trial court and dismissed the suit.

(3.) First plaintiff claimed to be the wife of Kittan Achari @ Krishnan Achari and 2nd plaintiff is the son born to them. The plaint schedule property was obtained by Kittan Achari as per release deed No.2214 /1960 executed by the first defendant, the brother of Kittan Achari on receiving consideration from the late Kittan Achari. Kittan Achari married the first plaintiff on 15/7/1971 as per customary rites at her residence at Cherunthana Village and thereafter executed Ext.A2 marriage agreement and registered at S.R.O Chengannur. Thereafter, they were residing in the small hut situated in the plaint schedule property along with the mother of Kittan Achari. On 10/3/1972, 2 nd plaintiff was born. Kittan Achari died in the year 1973. Plaintiffs and the mother of Kittan Achari continued to reside in the house situated in the schedule property and while so, in the year 1978, the mother of Kittan Achari died. Thereafter, plaintiffs are the legal heirs of Kittan Achari and in possession and enjoyment of the plaint schedule property. Since the plaintiff could not maintain the hut situated in the plaint schedule property, it got perished and plaintiffs shifted their residence to nearby 'Laksham Veedu Colony' and continued to cultivate in the plaint schedule property. Defendants are residing on the eastern side of the plaint schedule property. There is a boundary separating the property of the plaintiffs and 2nd defendant. When the defendants made attempts to trespass into the plaint schedule property, the suit was filed.