KADER MOHIDEEN Vs. K P M PEER MOHAMED

JUDGEMENT

(1.) THE suit filed by the plaintiff was decreed and on appeal by the defendant, the lower appellate court reversed the findings of the Trial Court and dismissed the suit. Aggrieved by the judgment of the lower appellate court, the plaintiff has preferred this Second Appeal.

(2.) THE case of the appellant/plaintiff, in short, is as under: THE defendant's father by name Fakir Mohideen Rowthar executed a Settlement Deed in favour of Mohideen Beevi, his daughter, who in turn, executed a Sale Deed on 21.07.1986 in favour of the appellant/plaintiff for a sale consideration of Rs.13,000/- on account of which the appellant/plaintiff has sole ownership over the suit property. On 28.06.1986, the respondent/defendant, along with his wife, came to Erwadi and resided as licensee in the suit schedule property with due permission from his sister Mohideen Beevi. Since the respondent/defendant refused to vacate the premises even after the sale deed was executed in favour of the appellant/plaintiff, the latter sent a legal notice dated 16.08.1986 to the former and on refusal by the respondent/defendant to vacate the suit schedule property even after receipt of legal notice, the appellant/plaintiff filed a suit for declaration of title and recovery of possession of the suit property.

(3.) IN the appeal preferred by the respondent/defendant, the lower appellate court, though held that delivery of possession was handed over to Mohideen Beevi by Fakir Mohideen Rowther by way of Settlement Deed, concluded that the Settlement Deed was not valid since title was not declared in favour of Mohideen Beevi and accordingly, dismissed the suit.