JUDGMENT :

This second appeal is filed against the divergent findings in a suit for declaration that Ext.A1 Sale Deed is void ab initio and for recovery of possession of the plaint schedule property having an extent of 30.35 ares in Thalavoor Village, Kollam district. The appellant is the defendant. The suit was dismissed by the Munsiff's court, Punalur (hereinafter referred to as 'the trial court') finding that the suit for declaration was not filed within the period of three years during which the right to sue first accrues as provided under Article 58 of the Limitation Act, 1963 (for short 'the Limitation Act'). The plaintiff preferred an appeal before the Sub Court, Punalur (hereinafter referred to as 'the first appellate court'). In reversal of the finding, the first appellate court held that the suit for declaration and recovery on the strength of title was filed within 12 years as provided under Article 65 of the Limitation Act. Accordingly, the suit was decreed. Challenging the judgment and decree of the first appellate court, the defendant filed this second appeal. For the sake of convenience and clarity, the parties are hereinafter referred to as 'the plaintiff' and 'the d