J.B. Koshy, J.

Revision petitioner was the plaintiff in O.S. No. 323 of 1990 on the file of the Munsiff s Court, Tirur. According to him, plaint schedule property was set apart to the share of his brother Ahammadunni as per an oral partition. Since Ahammadunni was Pakistan Citizen, he had to depart from India in 1949 and he handed over his properties which was set apart to him as per the oral partition to the plaintiff/ petitioner for management and maintenance. But subsequently, those properties were taken into custody by custodian to evacuee property as per the provisions of Administration of Evacuee Property Act, 1950. But the custodian entrusted all such properties to the petitioner plaintiff himself. While petitioner/ plaintiff was in possession and management of the properties, Ahammedunni came to India with the permission of the Government on 30.6.1990 and wanted to get back those properties from the petitioner/ plaintiff. Since plaintiff did not oblige him, Ahammedunni created an assignment deed in favour of the defendent and defendent on the basis of the assignment deed and with the help of another brother of the plaintiff/ petitioner Bappu Haji, who is in enmit