KOCHUKUNJU NAIR Vs. VELAYUDHAN NAIR

JUDGEMENT

(1.) The First defendant is the appellant. The suit from which the second appeal arises was for declaration of title and for injunction. The property belonged to one Parameswaran Nair He executed a settlement deed on 16-4-1116 in favour of his wife, Kunjukunjamma and sister Parvathy Amma, reserving a life interest to himself. His wife died in 1962, Her only legal representative was the husband himself, who also died in 1963. Tie plaintiff is the only son of Parvathi Amma. Parameswaran Nair's heir at law on his death was his mother who assigned the rights that she inherited from her son to the first defendant. The first defendant filed O.S. No. 104 of 1965 against Parvathy Amma and others for partition. That suit was dismissed on the ground that Kunjunjamma had in her life time bequeathed her rights in the properties to the minor son of Parvathi Amma, namely, the present plaintiff, In appeal, the appellate Court set aside the decree of the Trial Court and the same was confirmed by this Court in S. A. No. 302 of 1971.

(2.) During the pendency of the final decree proceedings Parvathy Amma died. An application was filed to implead the present plaintiff as the legal representative of deceased Parvathy Amma. He avoided notice and immediately filed the present suit for a declaration of his title on the ground that he was in possession of the property adverse to the original owners and also for an injunction. The suit was dismissed by the Trial Court finding against the plaintiff's title by adverse possession. The appellate Court set aside the decree and judgment of the Trial Court. Hence this second appeal.

(3.) The questions of law raised are not happily worded. According to me, the only substantial question of law that arises in this second appeal is, whether, on the facts and circumstances of the case, the plaintiff has succeeded in establishing the case put forward by him that he had been in possession of the property from 1954 onwards adverse to the rightful owners.