KESAVAN NAIR Vs. NARAYANAN NAIR

JUDGEMENT

(1.) THIS is a fight between two brothers. The appellant before me is the plaintiff. He is the younger brother. First defendant is the elder brother. Second defendant is the wife of the first defendant. In the suit, plaintiff scheduled two items of properties-item 14? 1/2 cents of land and item II a building in item 1. The suit was one for recovery of both items on the strength of title. The outline of facts in a nutshell necessary for the disposal of this appeal are these.

(2.) PLAINT item I was allotted to the plaintiff in a partition deed Ext. Al. It is dated 29-3-112 ). At the time when the partition was effected, the plaintiff was in military service. Then he remained a bachelor.

(3.) SINCE the building and the property are owned by the plaintiff, the plaintiff prays that the court should pass a decree allowing recovery of the properties scheduled in the plaint with mesne profits of Rs. 175/- per annum as the income derivable from plaint schedule No. I and a rent of Rs, 360/-per annum for the building.