DROUPATHY Vs. KESAVAN

JUDGEMENT

(1.) Being connected these cases are disposed of by this common judgment. The second appeal arises out of OS No. 583 of 1988 on the file of the Subordinate Judge of Thrissur. The appellant is the 2nd defendant in the said suit. The suit was filed for injunction and alternatively for recovery of possession on the strength of title. The Ist defendant in the suit is the husband of the appellant and respondent 3 to 5 are the children of the appellant and the Ist defendant. I shall refer to plaintiff as Sri. Kesavan and the appellant as Draupathy.

(2.) The husband of Draupathy is referred to as Gopalakrishnan. The case in the plaint in brief was as follows:-- Gopalakrishnan is the younger brother of Kesavan. Kesavan went to Malaysia in 1935 in search of a job and he assumed the name Kumaran. In 1969 he returned from Malaysia and settled in India. He had purchased the plaint schedule property as per document No. 322 of 1954 through his father Krishnan. There was a tiled double storeyed building in the property which is there even now. His father was looking after the property for him when he was away. Father died in 1963. Kesavan's brother Sankaran looked after the property thereafter. Gopalakrishnan was not having any building under the family partition. He sought permission to reside in the building in the plaint schedule property. He was allowed to reside on condition that he should not make any alteration. Accordingly, Gopalakrishnan started residence there in 1964.

(3.) The remaining defendants including the appellant began to reside in the house as the wife and children. Kesavan is enjoying the plaint schedule property except the building after his return in 1969. When Kesavan further insisted for possession the vacant possession of the building, his brother Gopalakrishnan filed OA No. 145/1972 before the Land Tribunal claiming leasehold right over the property. The application was dismissed in the year 1980. The appeal filed was also dismissed in 1987 and the said decision has become final. It is essentially on these allegations that the suit came to be filed.