MOHAMMED Vs. KOYA

JUDGEMENT

(1.) Plaintiff is the appellant. He filed the suit against the defendants (respondents) for perpetual injunction restraining them from entering into the plaint schedule property or in any manner interfering with his peaceful possession and enjoyment of the same. Defendants contested the suit contending inter alia that plaintiff has no right or possession over the plaint schedule property and it is in their possession. During the course of trial the parties agreed for deciding the case on the basis of taking oath at Jumayat Mosque at Mampuram. On 2-6-1981 the parties filed an affidavit before the Trial Court in which it is agreed that if defendants 1 to 3 took oath in the mosque as per the wordings of the oath mentioned in the affidavit the suit can be dismissed and that on the other hand, if they failed to take the oath the suit should be decreed.

(2.) First defendant alone took the oath on 12-6-1981 from the mosque. Contention of the plaintiff is that the oath was not taken in accordance with the wordings of the oath as suggested in the affidavit filed before the Court by the parties on 2-6-1981. Plaintiff filed I.A.671 of 1981 before the Trial Court alleging that the oath taken by the first defendant on 12-6-1981 is hot in accordance with the manner and substance of the oath agreed to be taken as per the affidavit dated 2-6-1981 and hence suit has to be disposed of in accordance with the oral and documentary evidence adduced in the case.

(3.) P.W. 1 and D.W. 1 were already examined before the Court. Exts. A-1 to A-l 1, Exts. B-1 to B-23 and Exts. C-1 and C-2 were already marked. The Trial Court dismissed I.A.671 of 1981 and on the same day dismissed the suit on the basis of the oath taken by the first defendant.