VELAYUDHAN PILLAI SREEKUMAR Vs. S SAROJINI AMMA

JUDGEMENT

(1.) Challenging the common judgment in A.S.No.30/2007 and A.S.No.77/2007 of the Additional District Court-III, Kollam, the plaintiff in O.S.32/2000 and the defendants in O.S.No.97/00 of the Munsiff's Court, Sasthamcotta have come up with these second appeals. The appellants in RSA 936/2010 are the wife and the other relatives of the appellant in RSA 757/2011. Both the suits were jointly tried. O.S.No.32/2000 was one for getting Ext.A4 cancellation deed set aside and for the declaration of title of the plaintiff over the plaint schedule property. The first defendant in the suit is the paternal aunt of the plaintiff. The 2nd defendant is her husband. O.S.No.97/2000 was filed by the defendants in O.S.No.32/2000 as a suit for perpetual injunction restraining the defendants and their men from committing trespass into the plaint schedule property and from committing waste thereon. O.S.No.32/2000 was treated as the main case and the evidence was recorded in it.

(2.) On the side of the plaintiff PWs.1 to 3 were marked and Exts.A1 to A6 were marked. On the side of the defendants DW1 was examined and Exts.B1 to B13 were marked. The trial court decreed both the suits.

(3.) Appeals were filed before the lower appellate court as A.S.No.30/2007 and A.S.No.77/2007 respectively. The lower appellate court dismissed A.S.No.77/2007. At the same time, the lower appellate court allowed A.S.No.30/2007 by setting aside the judgment and decree passed by the trial court in O.S.No.32/2000 and by dismissing the suit. The parties are referred to hereunder, in the order in which they are referred to in O.S.No.32/2000.