AHAMED BASHER Vs. SHERIF BABU

JUDGEMENT

(1.) The appellant is the first defendant in the suit. The suit was originally filed by one Shoukathumma @ Shoukath Beevi against two defendants to set aside the decree obtained by the defendants against the plaintiff in A.S.No.92/2002 of the District Court, Kollam, to the extent to which it relates to the plaintiff as the same was obtained by the defendants fraudulently and collusively, to recover possession of plaint B schedule property from the first defendant, to put up boundary of A and B schedule properties together or separately and for consequential injunction.

(2.) The plaint A schedule property is having an extent of 2.35 Ares and the buildings and improvements therein. Plaint B schedule property is having an extent of 1.08 Ares forming the north-western portion of the plaint A schedule property and the building and improvements therein.

(3.) The plaintiff filed the suit claiming that the plaintiff obtained the plaint A schedule property and the building therein as per Sale Deed No.2142/1975 for valid consideration that the plaint schedule property is a Revenue puramboke and hence the plaintiff did not get Patta. The plaint A schedule property exclusively belonged to the plaintiff since 18/8/1975. The first defendant filed O.S.No.102/1997 before the Munsiff Court, Kollam, with respect to plaint B schedule property against the plaintiff and six others. The plaintiff did not get any summons or notice in the said suit and hence the plaintiff could not appear and contest the said suit. Though the plaintiff, who was impleaded as the 7th defendant in the said suit was set ex parte, the said suit was dismissed by the Munsiff Court. The first defendant filed A.S.No.92/2002 before the First Appellate Court.