MOIDEENKUTTY AND ORS. Vs. AHAMMED @ BAPPU AND ORS.

JUDGEMENT

(1.) The concurrent dismissal of a suit on title is under challenge by the plaintiffs. The suit is for declaration of plaintiffs' title over plaint A to C schedule properties and to direct the Sub Divisional Magistrate, Perinthalmanna to hand over possession of the properties to the plaintiffs.

(2.) The plaint schedule is part of a Malavaram and has an extent of 25 acres. The plaintiffs claim title to the property as per Exts A4 to A8 sale deeds. The defendants denied the title of the plaintiffs and raised a rival claim of title. It appears that there was a scramble for possession between the parties which led to proceedings under section 145 of the Code of Criminal Procedure, 1973 as M.C. No.7 of 1977. A per Ext A77 order the Sub Divisional Magistrate found that there is no sufficient material to conclude regarding possession of either parties. Accordingly, the property was entrusted to the custody of the Receiver. It is accordingly that the suit is filed claiming recovery of possession on the strength of title. The suit was dismissed by the trial court. The decree was confirmed in appeal by the learned Single Judge.

(3.) Heard Sri. G. Shrikumar, learned senior counsel on behalf of the appellants and Sri. Sabu George on behalf of the respondents.