VISALAKSHI AMMA, W/O KRISHNAN NAIR(LATE), PULARI HOUSE, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE TALUK Vs. GANGADHARAN NAIR, S/O CHIRUTHA AMMA, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE TALUK

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Munsiff's Court, Kozhikode-II in O.S.No.344/1993, followed by those of the Subordinate Judge's Court, Kozhikode in A.S. No.43/2001, the plaintiffs have come up in second appeal.

(2.) The suit is one for declaration that Ext.B1, by which the defendant had cancelled Ext.A1, is void, and for a decree of perpetual injunction restraining the defendant from trespassing into the plaint schedule property on the strength of Ext.B1, and from creating any alienations or encumbrances based on Ext.B1. The trial court dismissed the suit. Aggrieved by the dismissal, the plaintiff preferred A.S.No.60/2001 before the District Court, Kozhikode.

(3.) This Court admitted this second appeal on the following substantial questions of law: