VENKITESWARA IYER Vs. CHERIYATHU MATHEN AND ANR.

JUDGEMENT

(1.) THIS second appeal arises out of a suit for eviction on the basis of title which has -been concurrently dismissed by both the courts below.

(2.) THE Plaintiff's father purchased the disputed property in court -sale held on 14 -10 -1107 in, execution of the decree in O.S. No. 1179 of 1101 which had been passed against the father of Defendants 1 and 2 on foot of a hypothecation bond executed by him. Ext. A is the sale sannad. There was obstruction by the 1st Defendant at the time of delivery in execution. Overruling this obstruction the Plaintiff's father obtained delivery on 2 -8 -1108 -under Ext. C delivery kychit.

(3.) THE courts below concurrently found that die title was with the Plaintiff but that the oral lease Was not true. They further held that the Plaintiff, had failed to prove possession within 12 years of the suit and therefore the suit was barred avid accordingly 'dismissed the suit. Hence this second Appeal by the Plaintiff.