Concurrent findings by the courts below in a suit for declaration and consequential permanent prohibitory injunction reliefs are challenged in this second appeal. Both the courts below found in favour of the plaintiff's case and decreed the suit. The defendant is in appeal. For the sake of convenience and clarity, the parties are hereinafter referred to as the plaintiff and defendant.

2. Relevant facts, in nutshell, are as follows: Plaint schedule property, inclusive of an aided school, by name Poomangalam U.P. School, originally belonged to M.P. Kunhikannan. On his death the property devolved on his wife Lakshmi and children, Indira, Madhusoodanan, Saraswathi and others. Deceased Kunhikannan's children released their entire rights over the property and school to their mother Lakshmi on 09.06.1981. Lakshmi thereby became the absolute owner in possession of the plaint schedule property. Lakshmi thereafter gifted the plaint schedule property to her daughter Indira as per a registered gift deed dated 03.11.1999 (Ext.A3). Having accepted the gift, the property devolved on Indira. Later, Indira's brother Madhusoodanan caused Lakshmi to execute a registered sale deed on 15.11.20