ABDUL RAHIMAN V.K. Vs. SEBIYULLA

JUDGEMENT

(1.) This Second Appeal has been preferred by the respondent in A.S.182/2013 on the file of the District Court, Palakkad against the judgment and decree dtd. 30/7/2016 allowing the appeal and decreeing the Suit, O.S.293/2011 on the file of the Munsiff's Court, Alathur. The appellant who is the plaintiff filed the suit for a declaration that document No.2711/2011 of SRO, Vadakkanchery was executed only as security towards the chitty amount due to the defendant and that the defendant did not get any right, title or interest in respect of the property therein and also for an injunction restraining the defendant from trespassing into the plaint schedule property and from committing waste therein etc.

(2.) The case of the plaintiff is that he had joined in three tickets of the kuri conducted by the defendant for a total sum of Rs.1,50,000.00. He had bid the kuri and received a sum of Rs.1,00,000.00 being the value of two tickets, after deducting the commission due to the defendant, on condition that he shall remit the future instalments within a period of 350 days. As security for prompt repayment of the instalments, as demanded by the defendant, and having no other alternative, he had executed document No.2711/2011 of SRO, Vadakkanchery in favour of the defendant, on condition that he will re-convey the property on payment of the remaining instalments. In spite of the execution of the above document, the plaintiff along with his family continued to reside in the residential building situated in the plaint schedule property. He never had any intention to convey the schedule property in favour of the defendant.

(3.) The trial court framed necessary issues. The evidence in the case consists of oral testimony of the plaintiff as PW1 and Exts.A1 to A3 on the side of the plaintiff. On the side of the defendant, the defendant was examined as DW1 and Exts.B1 to B6 marked. Exts.C1 and C1(a) were marked as court exhibits. After appreciating the available evidence, the trial court dismissed the suit. However, the 1st appellate court reversed the finding of the trial court and decreed the suit. It was in the above context, the plaintiff approached this Court by filing this Second Appeal raising various contentions.