MUHAMMAD Vs. PAREEKUTTY

JUDGEMENT

(1.) The fate of the first of these cases will depend upon the fate of the second. Therefore, 1 shall consider the second case, S. A. No. 1401 of 1961.

(2.) The second case arises out of an application for restitution under S.144 of the Code Civil Procedure, wherein both the lower courts have allowed restitution. The plaintiff - appellant contends in second appeal that the said decision of the lower courts is incorrect. The third defendant, who obtained restitution, is the respondent.

(3.) Two questions alone need be considered in the second appeal: (1) whether the application for restitution is barred by limitation; and (2) whether the respondent was in possession, from whom the appellant took possession by virtue of a decree in his favour, which was subsequently reversed in appeal.