VINOD SAM Vs. SUSAMMA

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Munsiff's Court, Punalur, in O.S.No.3 of 2000, followed by those of the Subordinate Judge's Court, Kottarakkara in R.F.A.No.185 of 2003, the 2 nd defendant in the suit has come up with this second appeal.

(2.) The suit is one for perpetual injunction restraining defendants 1 to 3 from committing trespass into the plaint schedule property and from destroying its boundaries and from widening the western pathway by encroaching into the portions of the plaint schedule property and from restraining the 4 th defendant from surrendering any portions of the plaint schedule property to defendants 1 to 3 for widening the said pathway.

(3.) The suit was filed by the plaintiff through her elder brother as next friend. According to the next friend, who filed the suit, the plaintiff is suffering from mental illness and has been undergoing treatment at Jayabharatham Mental Health Centre, Punalur. The husband of the plaintiff is the 4 th defendant. It is the case of the plaintiff that the plaint schedule property having an extent of 25 cents was purchased by making use of the funds provided from her family and the same was purchased in the joint names of the plaintiff and the 4 th defendant. The 4 th defendant is only a name lender to the document, and the funds belong to the plaintiff.