JUDGMENT

Abhay Manohar Sapre, J.

1) This appeal is filed by the first defendant against the final judgment and order dated 27.01.2005 passed by the High Court of Kerala at Ernakulam in S.A. No.299 of 1987 whereby the appeal filed by the respondent-plaintiff was allowed and the judgment and decree passed by the Courts below were set aside and the defendants were given two months’ time to deliver the property to the plaintiff failing which the plaintiff shall be entitled to put the decree in execution.

2) In order to appreciate the controversy involved in the suit, which has now travelled up to this Court, it is necessary to state the relevant facts infra.

3) The appellant herein is defendant No. 1 whereas respondent No. 1 is the plaintiff. So far as respondent Nos. 2 to 8 are concerned, they were made parties in appeal as legal representatives of original defendant No. 2, who died pending this appeal but later by order dated 14.01.2009 their names were deleted from the array of the parties. They are, therefore, no longer parties to the lis arising in the case.

4) Respondent No. 1 (plaintiff) is a Society registered as such under the Travancore Cochin Literary Scientific and Charitabl