SANTHA Vs. P.V.AYYAPPANEZHUTHASSAN

JUDGEMENT

(1.) O.S.No.138 of 1995 was filed by the 1st respondent seeking recovery of possession, permanent prohibitory injunction, mandatory injunction, and damages. Initially, the 2nd respondent herein was the only defendant in the suit, and later, his mother was added as the 2nd defendant. The appellants herein are the other children of the 2nd defendant. For convenience, the parties are referred to as per their status in the suit.

(2.) The suit was filed on 14/8/1995. The plaint schedule consists of 3 items of property shown as A schedule, B schedule, and C schedule. According to the plaintiff, A schedule and B schedule together form C schedule and the decree for recovery was sought in respect of plaint A schedule property. The plaintiff claimed title over the properties based on Exts.A1 and A2 sale deeds. Ext.A1 referred is the sale deed executed by the 2nd defendant on behalf of her children in her capacity as their guardian. Ext.A2 is the sale deed executed by the 2nd defendant in her individual capacity. Pending the suit, the plaintiff sold plaint B schedule property, and hence, no relief is sought with regard to plaint B schedule property.

(3.) The trial court dismissed the suit on 13/1/2003. The plaintiff preferred A.S.No.18 of 2003 before the District Court, Manjeri. The appeal was allowed, and the suit was decreed. The 1 st defendant filed R.S.A.No.50 of 2008 before this Court. By judgment dtd. 14/9/2008, the second appeal was allowed, remanding the case for a fresh disposal to the trial court. The plaintiff impleaded Smt.Lekshmikutty Varasyar, the mother of the 1 st defendant, as supplemental 2nd defendant on 8/2/2011, and consequential amendments were made in the plaint. The suit was again dismissed by the trial court on 30/6/2011.