RAJAN Vs. TAHSILDAR

JUDGEMENT

(1.) The first defendant in OS No. 204 of 2008, Munsiff's Court, Kanjirappilly, challenges the order dated 13/02/2009, by which the learned Munsiff ordered to issue a certificate directing the Village Officer, Erumeli North to issue possession certificate in favour of the third respondent / plaintiff in respect of the properties covered by three documents.

(2.) The suit was filed by the third respondent against the petitioner for permanent prohibitory injunction in respect of two items of immovable properties. The plaintiff claimed title and possession. The first defendant (writ petitioner) is the husband of the plaintiff. He has filed OP No. 1076 of 2007 before the Family Court, Kottayam against the third respondent for declaration of title in respect of the properties which according to him were purchased by him in the name of his wife (third respondent). It is not clear whether the properties involved in both these cases are the same and the counsel appearing for the petitioner and the third respondent are of conflicting views on that aspect.

(3.) The question involved in this Writ Petition is whether the learned Munsiff has jurisdiction to issue a direction to the Village Officer to issue possession certificate to a party in the suit. A copy of the application which led to the passing of Ext. P4 order was made available to me for perusal. That application was filed under S.151 of the Code of Civil Procedure praying for the issue of a certificate to enable the plaintiff to get the possession certificates from the Village Officer.