NANIAMMA JANAKIAMMA Vs. CHANDY VARGHESE

JUDGEMENT

(1.) DEFENDANTS 1 to 3 in O.S. No. 403 of 1117 on the file of the District Munsiff of the Temporary Munsiff's Court of Chengannoor are the appellants in this Second Appeal. The respondents are the plaintiff and the 4th defendant in the suit.

(2.) O.S. No. 403 of 1117 was filed by the plaintiff Chandy Varghese for a declaration of his title to and for recovery of vacant possession from defendants 1 to 3 of item No. 1 in the plaint schedule after removal of the building therein described in the schedule as item No. 2 and for other reliefs. Defendants 1 to 3 resisted the suit. The District Munsiff overruled their contentions and virtually decreed the suit as prayed for. His decree was confirmed in Appeal (A.S. No. 89 of 1121) by the District Judge of Mavelikkara. Hence this Second Appeal by defendants 1 to 3.

(3.) THE above conclusion is, however, of no real help to the appellants in this case. Tarwad property could certainly be aliented for tarwad necessity and binding consideration. We have now before us the concurrent findings of the Courts below that the sale evidenced by Ext. A is supported by consideration as also tarwad necessity. THE lower Courts also repelled the charge of fraud attributed to the plaintiff in the matter of obtaining that assignment. THEse concurrent findings on pure consideration of fact are binding on us in second appeal.