Judgment

GROVER, J.: This is an appeal by special leave from a judgment of the Kerala High Court by which the suit instituted by the respondent for recovery of properties described in Schedule A of the plaint and for mesne profit s etc. was decreed in reversal of the decree of the trial Court, dismissing the suit.

2. Uthupu Mani who died in the year 1943 had three sons. The eldest son Uduppu died sometimes between 1929 and 1935. The second son Joshua is the respondent herein, the appellants being the third son Mani Mani and Mariamma their mother and the widow of Uthupu. Uthupu left some daughters also and appellant No. 3 Mani Achamma is one of the daughters. The controversy in the suit out of which the appeal as arisen was confined to a residential house in an area of 10 cents in Kottayam town. This property along with several other properties originally belonged to Uthupu who made certain settlements followed by wills. The first settlement was made in the year 1102 ME corresponding to 1927 AD when Uduppu was alive and Mani Mani was not born. On October 9, 1935 by means of another registered document (Exh. A) called Udampady, Uthupu settled properties thus: Those comprised in A Sched