PRAHALADHAN Vs. PANKAJAKSHI

JUDGEMENT

(1.) All these second appeals were preferred by a common appellant namely one Prahladan, against the judgment and decree in A.S.No.249 of 2010, AS.No.51 of 2011 and AS. No.50 of 2011 respectively, on the file of the III rd Additional District Judge, Thrissur.

(2.) Prahladan as plaintiff filed two suits, OS.No.354 of 2006 and O.S.No.404 of 2007 before the Additional Subordinate Judge's Court, Irinjalakuda. OS.No.354 of 2006 is for declaration and cancellation of a document and OS.No.404 of 2007 is for injunction.

(3.) Admittedly, the suit properties originally belonged to one Kumaran, the father of Prahladan, who is now no more. Kumaran married thrice. His first two wives are no more and Pankajakshi, the 2nd defendant in OS.354 of 2006 and 1 st defendant in OS.404 of 2007, is his 3rd wife. Prahladan and Dayanandan, who is the 3 rd defendant in OS.354 of 2006 and 2nd defendant in OS.404 of 2007 are the children of Kumaran in his 1 st wife. In his second marriage, Kumaran had two children namely Ashok Kumar and Anuroop Kumar, who died unmarried and issueless. During his life time, Kumaran had assigned some of his properties to Prahladan and Dayanandan. Thereafter, he had executed Exhibit A5 will No.7/93 on 19/1/1993 bequeathing his remaining properties in favour of Ashok Kumar and Anuroop Kumar, after reserving right of enjoyment to Pankajakshi. Since Ashok Kumar and Anuroop Kumar predeceased Pankajakshi, assuming that she obtained exclusive title over the properties covered by Exhibit A5 will, Pankajakshi assigned the plaint schedule property involved in OS. No.354 of 2006 in favour of one Anitha Hari, the 1st defendant in that suit, as per Exhibit A6 Assignment Deed No.1797/2005.