BHASKARAN S/O. KUMARAN NAIR AND ORS. Vs. K. ABOOBACKER S/O. HASSINAR AND MOHAMMAD HANEEFA S/O. MAKKAKADAN KOMAN

JUDGEMENT

(1.) APPELLANTS are defendants in O.S.209/1991 on the file of Munsiff court, Kasargod. First respondent is the plaintiff and second respondent second defendant. First respondent filed suit seeking recovery of possession of plaint schedule properties from the appellants. According to appellants plaint A schedule property having an extent of 4.40 acres was obtained by plaintiff by oral kuzhikanam marupattom from Kodoth Kunhambu Nair, original landlord and later under Ext.A1 sale deed dated 21/5/1965 he purchased the jenmom right also and in Taluk Land Board proceedings No. 763/73 his right over the property covered under Ext.A1 sale deed was upheld and appellants have no manner of right or title to the properties trespassed upon by him and therefore respondent is entitled to the decree for recovery of possession sought for.

(2.) APPELLANTS in their written statement disputed the title and contended that they are not parties to the Taluk Land Board proceedings and that proceedings is not binding on them and respondent has only title over 1.65 acres in R.S. No. 23/1 of Kolathur village which consists of vast extent of land. It was contended that in 1990 when respondent began to claim right over the properties in the possession of appellants on the strength of Ext.A1 sale deed, dispute arose and Ext.B6 settlement was arrived at in the intervention of mediators whereunder respondent agreed that he will pay a consideration at the rate of Rs. 3,000/ - per acre and appellants will convey the respective portions in their possession to respondent therefore respondent is not entitled to a decree for recovery of possession. It was also contended that appellants have perfected their title by adverse possession in respect of properties described in schedules X, Y and Z in the written statement and at any rate, respondent is estopped from claiming recovery of possession from appellants in view of Ext.B6 agreement.

(3.) LEARNED Counsel appearing for appellants was heard.