SATHYAPALAN Vs. PADMAVALLY

JUDGEMENT

(1.) Can the contention that the licence granted to the appellants has become irrevocable be entertained in this Second Appeal?

(2.) Challenging the concurrent findings entered by the Additional Munsiff's Court, Cherthala in O.S. 160/95 followed by those of the Subordinate Judge's Court, Cherthala in A.S. No. 18/05, the defendants have come up in second appeal.

(3.) The suit is one for declaration of title and possession and for permanent injunction. The case of the plaintiff is that the plaint schedule property having an extent of six cents was purchased by her husband late Dasan through Ext.A1 sale deed dated 19/11/1974. Dasan died on 27/09/1989 leaving the plaintiff and her minor son as his legal heirs. After the death of Dasan, the plaintiff put up a building at the western portion of the property and started residing there. Earlier Dasan had constructed a building at the eastern portion of the property wherein the plaintiff along with Dasan were residing. Dasan had permitted the defendants who are none other than his own brother and brother's wife also to reside with them in the earlier building constructed at the eastern side of the property. After the death of Dasan, the plaintiff permitted them to continue their residence in the eastern house. Since the said building became dilapidated, the defendants shifted their residence to a distant place, at the fishermen colony. In the mean time, the said old building gutted in fire. Thereafter, the defendants attempted to commit trespass into the property by taking advantage of their earlier residence in the building, and hence the suit.