SIVANANDAN Vs. ANI

JUDGEMENT

(1.) These appeals arise out of the common judgment and decree passed by the II Addl. Munsiff's Court, Neyyattinkara, in OS Nos.216/2004 and 441/2004 dtd. 13/10/2006 and also a counterclaim for partition. OS No.216/2004 is a suit for injunction, whereas OS No.441/2004 is a suit for redemption of mortgage and partition.

(2.) The brief facts necessary for the disposal of the appeals are as follows:-

(3.) On appreciation of the oral and documentary evidence, the trial court found that, Ext.A3 gift deed is void inasmuch as the mandatory requirement of Sec. 123 of the Transfer of Property Act, 1882 (for short, 'the Act, 1882') was not met. As regards the prayer for redemption of mortgage, the trial court held that the suit is barred by limitation and Ext.A4 does not constitute a valid acknowledgment. Accordingly, OS No.216 of 2004 was decreed and the defendants were restrained by an order of injunction from trespassing into the plaint schedule property therein and OS No.441 of 2004 was dismissed and the counter-claim was allowed and the counter-claim schedule property was ordered to be partitioned and the defendants/counter-claim petitioners were allotted 2/3 share over the scheduled properties. Aggrieved by the judgment and decree, the plaintiffs in OS No.441 of 2004 preferred AS Nos.135 of 2007, 136 of 2007 and 134 of 2007 before the Sub Court, Neyyattinkara. By a common judgment dtd. 3/6/2011, these appeals were dismissed, and thus the appellants are before this Court.