NALINI Vs. PADMANABHAN KRISHNAN

JUDGEMENT

(1.) Defendants 5 to 7 in a Suit for declaration of title and possession and consequential injunction, are the Appellants.

(2.) The Suit property is 10 cents comprised in Survey fields 3897 and 3895 in Vadakkevila Village. They are listed as 'A' and 'B' schedules to the Plaint. The plaintiff traces title to 'A' scheduled property under Exts. A1 to A3. Exts. A3 is the document under which the vendor of the plaintiff's father, got the property in 1112 (M. E.) (corresponding to 1937). On the strength of Ext. A3, the vendee Vavakunju executed Ext. A1 on 23-4-1114 (M. E.) (corresponding to 1939) to the plaintiff's father. After the death of the father, the heirs entered into Ext. A2 partition on 21-12-1967. In that partition, in addition to Ext. A1 property, plaint 'B' schedule property "and another section of properly were allotted to the share of the plaintiff.

(3.) Regarding 'B' schedule property, no title deed is produced. But the plaintiff relies on Ext. A2. It is said that the acquisition of 'B' schedule property by the father of the plaintiff was in the year 1105 (M. E.). That document of acquisition was not forthcoming. Both the properties (A and B schedules) are lying contiguously and it is common case that they are lying as a single plot within well defined boundaries.