JUDGMENT :

Appellants are the defendants in O.S.No.310/2004 on the file of Munsiff's Court, Kayamkulam which was one filed for recovery of possession and damages for use and occupation. The suit was decreed and the first appeal, A.S.No.7/2012 filed against the judgment and decree is also dismissed by the Additional District Court-II, Mavelikkara confirming the judgment and decree passed by the trial court. Against which, the appellants/defendants came up in second appeal.

2. Plaint schedule property is 10 cents of property originally hereinafter be referred as per their status before the trial court). Plaintiff was allotted, item No.2 as per Ext.A1 Partition Deed. Life interest of parents with respect to that property was reserved in the partition deed. Father Raman Pillai and mother Kamalamma expired on 09.11.1992 and 01.03.2004 respectively. Now plaintiff is the absolute owner of the plaint schedule property. While the father of the plaintiff was holding the property, he executed Ext.A2 agreement in the year 1975 in favour of Mohan Kumar, the husband of first defendant. Earlier father had given 17 cents of property on lease in favour of Balagangadharan Channar, who was conducting,