CHENJULAKSHMI, AND OTHERS Vs. LAKSHMIKUTTY

JUDGEMENT

(1.) Heard both sides.

(2.) Defendants in O.S.No.1314 of 2013 on the file of the Third Additional Munsiff's Court, Ernakulam are the appellants. Plaintiff is the widow of late Appu Achari, who died in 1992. They had five children. 1st defendant is the eldest daughter, 2nd defendant is the husband and the 3rd defendant is the daughter of 1st defendant. Plaint schedule property belonged to Appu Achari, by virtue of a sale deed executed in the year 1981. Appu Achari executed a gift deed in 1991 in favour of his son Venugopal. Venugopal died as a bachelor. He died intestate, leaving behind the plaintiff/mother as his only legal heir. It is the allegation in the plant that in 2005, the defendants/appellants trespassed into the plaint schedule property and illegally effected construction within the building; thereby dividing the building into two portions. Thereafter, the plaintiff filed O.S.No.257 of 2005 before the Munsiff's Court, Ernkaulam for a direction to demolish the illegal construction. The suit was decreed. In the appeal preferred by the defendants, the decree was modified. Therefore, the plaintiff sought for recovery of possession of the property from the defendants.

(3.) The defendants resisted the suit by contending that the suit is barred by res judicata. According to the defendants, they are also entitled to a share in the property and they cannot be evicted.