ARAVINDAKSHAN NAIR Vs. BINJOY KURIAN

JUDGEMENT

(1.) Defendants in a suit for declaration of title to the plaint property and recovery of possession are the appellants.

(2.) Relevant pleadings, in short, are as follows:- Plaintiff/respondent is title holder of the plaint schedule property by virtue of Ext. A1 sale certificate issued pursuant to the auction sale conducted on 30-03-2011 in EP 74/1999 in OS No.540/1997 before the Court of Munsiff, Changanassery. The suit was for realization of money. First appellant herein was the sole defendant in the suit. Pursuant to the money decree passed against the first appellant, his property was attached and sold in court auction and the plaintiff/respondent purchased it. Plaintiff could not take delivery of the property within a period of one year stipulated under Art. 134 of the Limitation Act 1963, because he was abroad at that time. After issuance of the sale certificate, the first appellant(sole defendant in OS No.540 of 1997), inducted the 2nd defendant into possession of the property and therefore the plaintiff contended that the 2nd defendant is in unlawful possession. Hence he sought for a declaration of his title and recovery of possession.

(3.) The appellants/defendants filed a written statement contending inter alia that the plaintiff has no title to the property and he is not entitled to possess the same. In fact, the 2nd defendant, after paying valuable consideration, obtained possession of the property. It is further averred in the written statement that both the appellants are jointly possessing the property. The suit is liable to be dismissed.