ANJALAI AMMAL Vs. SALI

JUDGEMENT

(1.) When the above appeal was taken up for final disposal, Mrs.Hema Sampath, learned counsel appearing for the appellant, submits that she proposed to return the papers, as she had already intimated so to the appellant by registered post with acknowledgment due, the proof of which was also filed. The learned counsel for the appellant has also made an endorsement reporting "no instructions". In spite of the above notice to the appellant, the appellant neither filed a change of vakalat nor appeared in person. Since the second appeal is pending from 1989, considering the materials available on record, I pass the following order.

(2.) The appellant in the second appeal is the defendant in O.S.No.370 of 1985 laid by the respondent/plaintiff to declare the plaintiff's title, to direct the defendant to deliver vacant possession of the suit property to the plaintiff, and to pay the plaintiff mesne profits from January 1986 till the date of delivery of the suit property, which may be determined under Order 20 Rule 12 of the Civil Procedure Code.

(3.) According to the respondent/plaintiff, the suit property originally belonged to one Mohammed Yusuf Sahib, the great grand father of the plaintiff, who purchased the suit property from one Mohammed Abdul Kadir Maraicar under a registered sale deed dated 25.3.1916, marked as Ex.A1. After the death of great grand father of the plaintiff, namely, Mohammed Yusuf Sahib, the plaintiff's father, namely, Mohammed Sheik Maroof Maraicar, took possession of the suit property and was paying kist, who by a registered settlement deed dated 22.10.1984 settled the suit property in the name of the plaintiff. Subsequent to the settlement deed dated 22.10.1984, the plaintiff was put in possession and enjoyment of the suit property. Alleging that, in spite of settlement deed dated 22.10.1984 in favour of the respondent/plaintiff, the appellant/defendant took possession of the suit property, the respondent/plaintiff laid the suit for declaring his title to the suit property and for recovery of vacant possession with mesne profits.