M P CHRISTOBER Vs. M FABIAN

JUDGEMENT

(1.) Defendants in O.S. No. 49 of 1984 on the file of Subordinate Judge, Padmanabapuram are the appellants herein.

(2.) Parties will be referred to in accordance with their rank in the suit in the lower court. Plaintiffs, who are respondents herein filed the suit for declaration of title and recovery of possession of two items of properties more specifically described in the schedule to the plaint. Item No. 1 originally belonged to one Padmanabha Pillai and Manoharan Nair. They sold the property in favour of Maria Michaelal mother of plaintiffs by two separate sale deeds dated 27.9.1960 and 12.1.1961. They are Exs. A-1 and A-2 respectively. Item No. 2 belonged to Sabarimuthu Nadar and Dominic, who are brothers of Maria Michaelal. They gifted the plaint items to their sister Maria Michaelal as per two gift deeds dated 9.6.1975 and 11.6.1975. They are Exs. A-3 and A-4 respectively. Maria Michaelal died in the year 1976. At the time of her death, she had left behind the plaintiffs and also her husband as legal heirs.

(3.) Father of plaintiffs Varuvel, sold both the properties as if they belonged to him exclusively, to the defendants in the suit. They obtained possession as per sale deed dated 5.4.1979. The said sale deed covered other properties also. After obtaining sale deed plaintiffs who were in possession of plaint schedule items were dispossessed, which necessitated plaintiffs for filing suit for recovery of possession.