JOHN Vs. ELIKUTTY

JUDGEMENT

(1.) These appeals are directed against the common judgment and decree in AS Nos. 317 of 1990, 133 of 1990 and 316 of 1990 filed against the common judgment and decree dated 05/10/1983 in OS Nos. 263 of 1979, 326 of 1982 and 16 of 1981, on the file of the First Additional Sub Court, Ernakulam.

(2.) Before going into the factual details of these appeals, it is relevant to look into the background of the case. The lis in these cases centered around two ladies involved in the life of one Mathai Markose, viz., one Smt. Sara and one Smt. Elykutty. The former is the estranged wife of the said Mathai Markose and she got five children in the said wedlock. He had an equal number of children through the latter with whom he lived the rest of his life after the former started separate residence. Mathai Markose died intestate on 30/09/1978 and naturally the dispute for his estate began thenceforth. Initially, the parties attempted to give a quietus to the dispute by making a private reference to certain Arbitrators who are the brothers and some close relatives of the deceased Mathai Markose, for effecting partition of the properties left behind by him. For that purpose, the parties on either side, executed Ext. A1 agreement dated 06/07/1978 agreeing to refer the issue to the Arbitrators named therein and further agreeing to abide by the award to be passed pursuant to such arbitration. Subsequently, the said Arbitrators passed Ext. X1 award on 15/10/1978 and in pursuance thereof, the parties took possession of the respective shares allotted to them in the property left behind by the deceased Mathai Markose. However, the issue did not attain quietus and the parties began to raise disputes ignoring the award of the Arbitrators / mediators.

(3.) OS No. 263 of 1979 was filed by John, the son of deceased Mathai Markose through Smt. Sara and Smt. Sara, the widow. Smt. Elykutty and her children through the said Mathai Markose were the defendants therein. It was a suit for recovery of possession of the plaint A schedule property therein with profits at the rate of Rs.600 per annum. They had also filed OS No. 16 of 1981 which was a suit for an injunction against the defendants, viz., Smt. Elykutty and her three elder daughters, from entering into plaint A schedule property therein and taking usufructs from there and also from disturbing their possession over the same. OS 326 of 1982 was then, filed by Smt. Elykutty and her children against Smt. Sara and her son Sri. John as also against one Kunjan Neelakandan who was the tenant in item No. 1 of the plaint Schedule property therein. It was a suit for declaration of their title and possession over the plaint schedule property and for an injunction restraining the defendants from interfering with their and taking possession of the plaint schedule item No. 1 therein or collecting the rent from the third defendant therein.