SHEIK BABU SAHIB Vs. MARIAMBI

JUDGEMENT

(1.) THE plaintiff who was non suited by the concurrent findings of the Court below as regards his prayer for declaration of title and also for permanent injunction challenges the findings of the Court below by way of the present Second Appeal.

(2.) THE plaintiff/appellant would contend that though the suit property bearing survey number 194/2 measuring 1.96 acres and survey number 194/3 measuring 1.92 acres originally owned by the first defendant, the said property was allotted to the share of the plaintiff by the panchayatars and therefore, the said factum was reduced into writing by way of Koorchit.

(3.) THE Trial Court having found that the unregistered Koorchit virtually makes a division of the properties between the parties and therefore the same cannot be admitted as part of evidence chose to hold that the suit properties are the self-acquired properties of the first defendant. It is also held considering the patta and adangal in the name of the first defendant that the plaintiff has not established title to the suit property but also exclusive possession there of and therefore he is not entitled to the relief as sought for.