LAWS(KER)-2009-1-44

CHINNAMMA VARGHESE Vs. ANIL PETER ALIAS ANIL PATHROSE

Decided On January 01, 2009
CHINNAMMA VARGHESE Appellant
V/S
ANIL PETER ALIAS ANIL PATHROSE Respondents

JUDGEMENT

(1.) THE plaintiff in O. S. No. 160 of 2007 on the file of the munsiff's Court, Muvattupuzha is the appellant in this Second appeal. The said suit was one for a perpetual injunction restraining the defendant from forcibly evicting the plaintiff from the plaint schedule house claimed to be the ancestral house of the plaintiff. The defendant is the son of the plaintiff's sister. According to the plaintiff, after falling apart from her husband, she started residing in the plaint schedule ancestral house along with her father Varghese from 1974 onwards and she has a right to reside in the house notwithstanding the fact that the house has been bequeathed by her father to the defendant as per Ext. B2 registered Will dated 14. 03. 2002.

(2.) THE suit was resisted by the defendant contending inter alia that even though the plaintiff was formerly residing in the plaint schedule house, she shifted her residence to Piravam in the year 2002 after which the plaintiff was not residing in the plaint schedule property and that the suit was filed out of the enemity nurtured by the plaintiff against defendant.

(3.) EVEN though the trial court decreed the suit holding that the plaintiff was in possession of the plaint schedule building and that the right of the defendant was to evict the plaintiff by recourse to due process of law, the lower appellate court on appeal preferred by the defendant reversed the decree passed by the trial court and dismissed the suit. Hence this Second Appeal.