S.S.SATHEESACHANDRAN
Thomas Mathew @ Thampikunju – Appellant
Versus
Vachi Yesudasan – Respondent
1. Defendants 2 and 3 in O.S.28 of 1987 of the Sub Court, Kottayam are the appellants. Suit was one for recovery of possession on title, with claim for mesne profits. Suit was decreed in favour of plaintiff, and aggrieved, defendants 2 and 3 have preferred this appeal.
2. Plaint property having an extent of 2 acres 81.288 cents formed part of 6 acres 50 cents belonging to one Dr.P.V. Cherian and his two brothers. On partition effected by the brothers plaint property was allotted to the share of Dr.P.V.Cherian. Sole plaintiff in the suit was the widow of Dr.P.V.Cherian, who had passed away in 1969. Defendants 5 to 9 are the children of plaintiff and Dr.P.V. Cheriyan, and suit was filed on behalf of them also. Case of plaintiff in brief was that the plaint property while lying as a waste land had been looked after by first defendant, predecessor of present appellants, even before her husband obtained that property as his separate share. The first defendant offered to purchase the plaint property from her husband sending advance amount towards the purchase price. However, sale was not completed and first defendant did not pay the balance amount. Defendants 1 to 3 have put up
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