EDAKKAYIL CHANDUKUTTY Vs. SRI.T.NARAYANAN NAIR

JUDGEMENT

(1.) This second appeal is filed by the plaintiff in O.S.No.296 of 1996 on the file of the Court of Munsiff, Thalassery. The suit is one for declaration that plaint B schedule property and the school building thereon belongs to the plaintiff as absolute owner and also for a prohibitory injunction restraining the defendants from doing any act in the building situated in plaint B schedule property. The parties are hereinafter referred to as the "plaintiff" and "defendant" for the sake of clarity and convenience.

(2.) Bare minimum facts required for the disposal of the appeal are as follows: Plaint A schedule property is the total property obtained by the plaintiff by virtue of a partition deed (Ext.A1). That was executed in the year 1985. Plaint B schedule property is that part of plaint A schedule property, wherein a school building is situated. Plaint A schedule property is having an extent of 56 cents, which consists of the school building, a house and a well. The entire property belonged to Edakkayil Kalliyani Amma, mother of the plaintiff. She obtained the property as per Ext.A2 document in the year 1929. At that time there was no school building in the property. The building was constructed by Kalliyani Amma's father and the school was established in 1929 -30. The school was being looked after and managed by one Chandhu Nair (Kalliyani Amma's father -in -law) for and on behalf of Kalliyani Amma. Ownership of the property, school building, house and other structures was in the name of Kalliyani Amma. After Ext.A1 partition, the plaintiff became the owner of the property and the structures thereon. The school is an aided school, to be managed under the provisions of the Kerala Education Act and the Rules. Plaintiff has stated in the plaint that he would be taking appropriate steps to resolve the dispute regarding the management.

(3.) Plaint B schedule property is a portion of plaint A schedule property measuring about 2.75 cents with a school building included. The defendant is a stranger and he has no right, title or possession either over plaint A schedule property or over B schedule property and the building thereon. The defendant for the first time presented two documents before the authority concerned and claimed a right over B schedule property. Therefore, the plaintiff was constrained to file this suit for declaration and injunction.