(1.) This appeal is preferred by the unsuccessful plaintiff who lost his suit for declaration of title and for possession of the suit property successively before the Courts below. I Prelude:
(2.) The suit properties herein exhibit an unabated propensity for litigation since 1981 and the present litigation is an offspring of this propensity. A preludial narrative of the facts therefore may enable easy appreciation of the cause that led to the current action. They are:
(3.) The first half of the plaint essentially deals with the filing of O.S. 60 of 1998 by Madhavan Nair, its dismissal, and A.S. No. 87 of 2002 that the latter had filed with success and S.A.(MD) No.364 of 2004 that he himself had filed, its judgement. The material facts that are subsequently pleaded are: