JUDGMENT

Parties are referred to as per their status in the suit.

The appeal has been filed by the supplementary 2nd defendant in O.S.No.21 of 2001 against the judgment and decree dated 29.02.2016 which has been affirmed in the judgment and decree of the Additional District Court, Ottappalam in A.S.No.40/2016, an appeal filed by the appellant herein. The suit was one for declaration of title over plaint A schedule property and injunction restraining forceful eviction, trespass, etc.

2. The plaintiff is the widow of the original defendant in the suit Sri Muhammed @ Bappu. The plaint schedule property, along with the other properties, belonged to one Muhammed Kutty. Muhammed Kutty executed Ext.B1 Assignment Deed on 23.04.1931 in favour of one Oudalakutty. On the death of Oudalakutty, properties devolved on his widow Pathummabi and children Kadeeja and Muhammed @ Bappu, the original defendant in the suit. By Ext.A1 registered gift deed dated 16.05.1978, Sri Bappu transferred the plaint schedule property to the plaintiff. According to the plaintiff, owing to harassment by the defendant, though not divorced, she was living separately from 1990 onwards. The cause of action for the suit is s