ARAVINDA RAJA Vs. ARAVINDAKSHAN

JUDGEMENT

(1.) The plaintiff in O.S. 1065 of 2007 before the Sub Court, Ernakulam, who suffered an order to have the plaint returned to him under Order 7 Rule 10(a) for presentation before the proper court, is the appellant.

(2.) Sri. Aravindakshan and Sudha Syamala had two sons, Aravinda Rana and Aravinda Raja. Aravinda Rana predeceased his parents and left behind his wife Deepa and son Adithya Rana. Sudha Syamala is also no more.

(3.) It appears that Sri. Aravindakshan gifted two items of property to the plaintiff in the suit as per gift deed No. 25/2007 dated 5.1.2007 of Paravur Sub FAO.102/2010. 2 Registry. One of the items of the property had an extent of 2.80 Ares in Sy. No. 310/12 situated in Kottappuram Village, Kollam Taluk. The second item had an extent of 4.96 Ares comprised in Sy. No. 145/13A of Edappally South Village, Ernakulam. In pursuance to the gift, it is alleged that the properties were taken possession by the donee and he has effected mutation. Ever since then, the properties have been treated as his own by the donee.