BALAKRISHNAN Vs. VENUGOPALAN

JUDGEMENT

(1.) This appeal was filed by defendants 1 and 2 in O. S. No. 224/1994 on the file of the Subordinate Judge's Court, trichur. After the filing of the appeal the 1st appellant died and his legal heirs have come on record as additional appellants 3 and 4.

(2.) The suit was for recovery of possession of the plaint schedule properties on the strength of title of plaintiff and defendants 3 and 4 from defendants 1 and 2 with mesne profits. According to the plaintiff the plaint schedule properties were acquired by deceased gopalan and were in his possession till his death. The third defendant is the widow of gopalan. The plaintiff and 4th defendant are his children. The properties were being looked after by defendants 1 and 2 and Kumaran as the plaintiff was aged only one year and 4th defendant was only 4 years when Gopalan died on 17th Edavam 1125 M. E. (1950). As per the custom the 3rd defendant had gone to her house immediately after the death of Gopalan. The plaintiff and defendant 4 were getting share of profits from the properties. The plaintiff started residing in item No. 4 from 1986 onwards. Defendants 1 and 2 filed o. S. 208/86 and O. S. 445/86 before Munsif court, Vadakkancherry against the plaintiff and 3rd defendant and obtained an injunction. Therefore the plaintiff is constrained to file the suit for declaration of title and recovery of possession on behalf of defendants 3 and 4 also.

(3.) Defendants 1 and 2 filed written statement denying the entire averments In the plaint. The properties were purchased in the name of Gopalan for all the members of the family. When these items were sold for realisation of loan amount in auction the first defendant purchased the property. In 1962 the properties were partitioned by the members of the family and they are in separate possession of the properties since then. Gopalan died unmarried. The plaintiff or 4th defendant has no connection with deceased Gopalan. The plaintiff is not residing in item No. 4. In the additional written statement the defendants have also taken the plea of adverse possession and limitations.