GOVINDA PILLAI GOPALA PILLAI Vs. AIYYAPPAN KRISHNAN

JUDGEMENT

(1.) The 3rd plaintiff (additional) in O.S. No. 112 of 1095 of the District Court of Kottayam is the appellant before us. In execution of the decree in the suit the appellant applied for delivery of one acre of property in survey plot No. 201/1 of the Kanjirappally North Pakuthy together with the building thereon. The contentions of the respondent (102nd defendant) as summarised by the court below are:

(2.) The only question, as can be seen from the summary of contentions extracted above, that arises for consideration is whether the gift deed Ext. I is affected by the rule of lis pendens. Ext. I is dated 3.6.1095. The suit was originally filed in the Kanjirappally Munsiffs Court on 10.10.1092 and if 10.10.1092 is the material date there can be no doubt that Ext. I has to be treated as affected by the said rule.

(3.) The plaint, however, was returned for want of pecuniary jurisdiction for presentation to the proper court and was filed in the District Court of Kottayam only on 29.11.1095. If 29.11.1095 is the material date then it is equally clear that Ext. I is not affected by the rule and that the conclusion of the lower court to that effect has to be sustained.