JUDGMENT :

This appeal arises out of decree and judgment dated 19.01.2019 in A.S.No.19 of 2016 on the files of Sub Court, Manjeri, whereby the verdict rendered by the Munsiff Court, Perinthalmanna in O.S.No. 123/2012 dated 16.06.2014 was confirmed. Defendants 2 to 4, 6 and 7 and legal heirs of deceased 1st defendant are the appellants herein. The respondents are the original plaintiff as well as 5th defendant.

2. As per order dated 11.11.2019 my learned predecessor raised the following substantial question of law and admitted this appeal.

“Are the courts below justified in finding that the purchase certificate issued in favour of defendants 1 and 2 with respect to item No.2 of plaint B schedule enures to the benefit of plaintiff in the absence of specific challenge against the same and also without any prayer for declaration to that extent?”

3. Heard the learned counsel for the appellants as well as the learned counsel appearing for the contesting respondents in detail. Perused the trial court as well as the appellate court records and the relevant decisions placed by the parties.

4. Unnikrishnan as plaintiff had filed the Suit citing plaint A schedule genealogy on the assertion that p