THAYYIL VALSALA KUMARI D/O SANKARA KURUP Vs. OTHAYOTH BALAKRISHNAN NAMBIAR S/O SASTHRA SARMAN NAMBOODIRI

JUDGEMENT

(1.) Plaintiffs in the suit are the appellants.

(2.) The plaint A schedule property belongs to Kottiyur Devaswom. In early days, there was a ritual in Kottiyur temple called Kulichukoodal. The ritual would last for few days. People from various parts of erstwhile Malabar used to assemble for performing the ritual. A body called 'Neyyamroth Sangham' was managing the performance of the aforesaid ritual. The devotees who assemble for performing the ritual would stay near the temple during this period. A portion of the property of Devaswom which was under the control of 'Neyyamroth Sangham' was being used by the devotees to stay near the temple during the period of ritual. The devotees would stay in the said property in temporary structures constructed for the said purpose. The case of the plaintiffs is that 'Neyyamroth Sangham' leased out a portion of the property in their possession to the predecessor of the plaintiffs Sankarakurup for the purpose of establishing a school. It is stated that on the basis of the said lease, the predecessor of the plaintiffs Sankarakurup established a lower primary school in the property in the year 1934 and the same was being run by Sankarakurup. It is also stated by the plaintiffs that after the death of Sankarakurup, the school devolved on them and they are running the school. The case of the plaintiffs is that on 10.10.1993, the defendants trespassed into a portion of plaint A schedule property, viz, plaint B schedule property and constructed a boundary separating plaint B schedule property from the remaining portion of plaint A schedule property. The suit was filed by the plaintiffs in the circumstances for recovery of possession of plaint B schedule property from the defendants.

(3.) The defendants contested the suit contending inter alia that the plaintiffs have neither title nor possession over plaint A schedule property. They have denied the existence of any lease created by 'Neyyamroth Sangham' in favour of the predecessor of the plaintiffs. They asserted that they are in exclusive possession of plaint B schedule property and the building therein.