SREEJITH Vs. SAVITHRI AMMA

JUDGEMENT

(1.) O .S. 171 of 2007 was instituted before the Sub Court, Ottapalam seeking eviction of the defendants from the suit property. The petitioner herein was the fifth defendant in the suit and being a minor at the relevant time, his father was appointed as the guardian.

(2.) THE plaintiff alleged that the family of the first defendant of which the fifth defendant was a member were depended on the family of the plaintiff and as a result of that dependency they were allowed to reside in a house belonging to the plaintiff. Things went well for a long time and then after the death of the husband of the first defendant in the suit, discordant notes arose between the parties. Therefore the plaintiff laid the suit for eviction. Since the other defendants were residing along with the first defendant, they were made parties.

(3.) THOUGH such a contention was taken and independent right was asserted by the first defendant, which contention was adopted by defendants 2 to 4, it appears that when the suit came up for trial, the counsel appearing for the defendants reported no instructions and an ex -parte decree came to be passed.