LISSY BABU Vs. GEORGE VARGHESE

JUDGEMENT

(1.) This appeal arises out of the judgment and decree of the Subordinate Judge's Court, Thiruvalla dated 12.4.2002 in O.S. No. 14 of 2000, a suit filed by the respondent/plaintiff seeking a declaration of her title over plaint schedule items 2 and 3 and for recovery of its possession from the appellant/defendant with past mesne profits to the tune of Rs. 61,200/- and future mesne profits at the rate of Rs. 18,000/- per annum for plaint schedule item 2 and at the rate of Rs. 2,000/- per annum for plaint schedule item 3.

(2.) By the impugned judgment and decree dated 12.4.2002, the trial court decreed the suit and the defendant is directed to put the plaintiff in possession of plaint schedule items 2 and 3 within 3 months from the date of the judgment and the plaintiff is allowed to realise a sum of Rs. 27,000/- as past mesne profits and damages for use and occupation at the rate of Rs. 750/-per month from the date of suit till she gets possession of plaint schedule items 2 and 3 or for a period of 3 years from the date of the judgment, whichever occurs first, from the defendant and his assets. In case of the defendant's failure to put the plaintiff in possession of plaint schedule items 2 and 3 as directed above, the plaintiff shall have the liberty to get it recovered by having recourse to execution proceedings.

(3.) Challenging the judgment and decree of the trial court dated 12.4.2002 in O.S. No. 14 of 2000, the appellant/defendant is before this Court in this appeal.