KIZHAKKUMPURATH CHANKOYI Vs. THANIKKUZHIYIL VELLAYI

JUDGEMENT

(1.) This appeal is directed against the judgment delivered by the Subordinate Judge, Badagara in A.S. No. 109 of 1986. In this second appeal, the plaintiff is the appellant. Defendants 1 to 9 are the respondents. The first defendant is the mother of the other defendants. The husband of the first defendant and father of the other defendants by name Viruthan is the brother of the plaintiff - appellant. The appellant as plaintiff filed a suit in O.S. No. 5 of 1984 before the Court of Munsiff, Quilandy for recovery of possession of C Schedule property in the plaint and also for mesne profits.

(2.) The admitted case of both sides in short is as follows : Plaint A Schedule property is totally measuring 4 acres comprised in R.S. No. 31/6, 36/1 and 29/1 Arikkulam village in Kozhikode District, Quilandy Taluk. The A Schedule property was assigned to the plaintiff - Chankoyi alias Chekkayi by the original Jenmi under Ext. A1 a registered Verumpattam Kuzhikanam deed dated 7-11-1937. Out of the 4 acres on the western side, some extent of the said property was assigned by the plaintiff to some third party (the extent and the said document are not available). Then out of the remaining area in the 4 acres, the plaintiff assigned one acre and 11 cents under Ext. A2 registered Marupattam deed dated 28-2-1955 in favour of his brother Viruthan -- the husband of the first defendant and the father of the other defendants. The plaint A Schedule property is the entire property which was assigned to the plaintiff under Ext. A1. Plaint B Schedule property, 1 acre 11 cents is the property assigned to the plaintiff's brother under Ext. A2. The name of A Schedule property is known as Thanikuzhi Parambu which is a portion of Valiya Mala. The boundaries given in Ext. A2 are as follows :

(3.) Plaint C Schedule property measuring about 27 and odd cents is lying on the South of plaint B Schedule property. D Schedule property measuring one acre 40 and odd cents lying South of C Schedule property belongs to the plaintiff.