SANKARA NARAYANA PILLAI, S/O.VASUDEVAN PILLAI, MAPPILEATHU VEETTIL, MUTHUKULAM VADAKKUM MURI, MUTHUKULAM VILLAGE Vs. HARIGOVINDAN, S/O. MURALEEDHARAN PILLAI, KALATHILATHU VEETTIL, MUTHUKULAM VADAKKUM MURI, MUTHUKULAM VILLAGE

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Munsiff's Court, Haripad in O.S.Nos.446/2000 and 285/2000 followed by those of the Addl. District Court-I, Mavelikkara in A.S.Nos.29/2007 and 30/2007 respectively, the defendants in O.S.Nos.446/2000 and 285/2000 has come up in appeal.

(2.) O.S.No.285/2000 was filed as a suit for perpetual injunction restraining the defendants from making additional constructions and encroachments into the remaining property of the plaintiff. Subsequently, the very same plaintiff filed O.S.No.446/2000 as a suit for eviction of the first defendant from the shop room and for realisation of compensation at the rate of 500 per month for the unlawful use and occupation of the shop room.

(3.) The shop room in question is situated in one cent of property. According to the plaintiff, he purchased 38 cents of property which include the said one cent of property, through a sale deed executed by his parents in his favour in the year 1987. The said properties originally belonged to Bhargavi Amma, who sold the same to Krishna Pillai through Ext.A11. Bhargavi Amma got the properties by redeeming the mortgages through Exts.A12 and A13 release deeds of the year 1952. Krishna Pillai sold the said properties to the parents of the plaintiff through Ext.A1 sale deed, in the year 1972.