BALAN @ SREEKANTH AND OTHERS Vs. SARASWATHY AND OTHERS

JUDGEMENT

(1.) Appellants are the respondents in A.S.No.19 of 2012 on the file of the Sub Court, Kottarakkara. They are the defendants in O.S.No.76 of 2009 on the file of the Court of Munsiff, Punalur. Respondents are the plaintiffs in the above suit. The suit is one for recovery of possession on the strength of title and injunction. That was dismissed by the trial court. The appellants preferred a counter claim in the suit seeking declaration of title over the written statement scheduled properties and also for injunction. That counter claim was also dismissed by the trial court. The plaintiffs in the suit preferred A.S.No.71 of 2016 before the Court of Subordinate Judge, Punalur. After considering the matters, the trial court's decree was reversed and the suit was decreed against the appellants, allowing recovery of possession of the property on the strength of title.

(2.) Heard the learned counsel for the appellants and respondents.

(3.) It is an admitted fact that there was a suit for specific performance between the same parties as O.S.No.421 of 1997 before the Munsiff's Court, Punalur. That suit was decreed in favour of the appellants, declaring the possession and possessory right over the plaint schedule property. It was also found that the appellants were not in possession of the property pursuant to the agreement to assign set up in the suit and therefore, it was found that their possession was not in part performance under section 53A of the Transfer of Property Act. An injunction decree was also passed in favour of the appellants.