KADUVAPPALI KUNHAYAMU Vs. M NEELAKANDAN NAMBOODIRI

JUDGEMENT

(1.) This second appeal arises from the Judgment dated 17-2-1992 passed by the District Judge, Manjeri in Appeal Suit No. 66 of 1988. The Original Suit No. 161 of 1966, filed before the Munsiff's Court, Perintalmanna had been dismissed on 30-1-1988. Consequently, it was the plaintiff's appeal. The appeal stood allowed and the judgment and decree of the lower court was set aside, thereby allowing the plaintiff to recover the plaint schedule property with mesne profits. The defendants in the suit have come up in appeal.

(2.) During the pendency of the second appeal, appellants 2 and 27 had passed away and their legal representatives had been brought on record. Mr. M A. Manhu, learned counsel for the appellants had referred to substantial questions of law as arising in this appeal as following:

(3.) Principally the first question, as quoted above, requires to be answered, which will substantially help to resolve the disputes that have been agitated by the parties as early as from 1966.