A concurrently non-suited plaintiff in a suit (OS No.103 of 2018
on the files of the Munsiff Court, Vatakara for declaration and
recovery of possession with prayer for damages for use and
occupation has come up in the present appeal.
2. Plaint averments is as follows :- A section of Plaint A schedule
property was allotted to the heirs of one Chathukurup by name
Lakshmi Amma, Sreedhara Kurup, defendant No.5, Devi Amma and
the defendant No.1 in O.S. No.46 of 1973 and I.A. No.1325 of 1985
before the Sub Court, Vatakara. It is contended that the plaintiff was
issued with a purchase certificate by the Land Tribunal, Vatakara in
O.A. No.8392 of 1975 with notice to the interested parties. Later, the
remaining section of the plaint A schedule property was transferred
by the wife and children of the aforesaid Chathukurup by an
unregistered Assignment Deed dated 20.2.1981. The plaintiff is thus
in enjoyment of the whole of the plaint schedule property, sustaining
R.S.A No.493 of 2023 4 2025:KER:53458
right to the remaining portion under Section 53A of the Transfer of
Property Act. It is contended that the heirs of Chathukurup did not
claim allotment in I.A. No.1325 of 1985 in O.S. No.46 of 1973 and
thereafter claimed allotment as per I.A. No.431 of 1997 after paying
the court fee. The plaintiff later transferred the plaint A schedule
property to one Dinesan, and the said Dinesan, along with the
plaintiff, challenged the execution proceedings in R.S.A. No.438 of
2006 and C.R.P. No.105 of 2009 before this Court. Since the said
Dinesan had re-transferred the plaint A schedule property to the
plaintiff on 10.11.2013, and that he was not interested in proceeding
with the petitions, the plaintiff had withdrawn the second appeal.
The Civil Revision Petition (C.R.P.) was also dismissed, reserving the
right of the plaintiff to initiate appropriate legal proceedings in
accordance with law. Therefore, the suit was instituted for a
declaration of title in the plaint A schedule property and also for
recovery of possession from the defendants.
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