Second appeals under Section 100 of the CPC require substantial questions of law; failure to formulate such raises dismissal.

JUDGMENT

th Dated this the 9 day of October, 2023 R.S.A.No.1326/2014 is one filed by one Jayaraman, who is the plaintiff in O.S.No.1/2010 and the sole defendant in O.S.No.221/2009 on the files of the Munsiff Court, Kattappana. He also filed R.S.A.No.1327/2014, challenging the decree and judgment in O.S.No.221/2009 on the files of the Munsiff Court, Kattappana.

2. I shall refer the parties in these appeals as 'Jayaraman' and 'Rajan@Raju' for convenience.

3. In this case, two suits were jointly tried by the Munsiff Court. Out of the same, O.S.No.221/2009 was one filed by Rajan@Raju, who is the brother of Jayaraman. Jayaraman is the defendant in the said case. The second suit, viz., O.S.No.1/2010 was one filed by Jayaraman as plaintiff against defendants 1 to 5 therein. According to Jayaraman, defendants 1 to 5 in O.S.No.1/2010, were the tenants of the plaint schedule building and the prayer in this suit was to get them evicted. Rajan@Raju asserted title over 3.55 Ares of land property comprised in Sy.No.19/1 (Re.Sy.No.159/19) of Kattappana Village, on the basis of patta No.898/93 arose out of L.A.proceedings No.8/93/KP, initiated by Special Tahsildar, L.A, Kattappana. In the said property, a house is situated, bearing Door No.K.P X/455 (Old No.XIII/354).

4. According to Rajan@Raju, since he is the owner of the plaint schedule property, he is entitled to declare his title over the plaint schedule property and to get vacant possession of the same from Jayaraman. That apart, prohibitory injunction against further trespass also sought for.

5. Whereas, the case put up by Jayaraman in both suits is that, he is the owner in possession of the property and the house was in his name. According to Jayaraman, the Assessment Register in relation to the house situated in the plaint schedule property is in his name and he had paid electricity bills and water bills etc., pertaining to the building.

6. The learned Munsiff jointly tried both suits. PW1 and PW2 were examined on the side of Rajan@Raju, the plaintiff in O.S.No.221/2009 and Exts.A1 to A7 were marked. DW1 was examined and Exts.B1 to B4 were marked on the side of Jayaraman. Exts.C1, C1(a), C2 and C2(a) were marked as court exhibits.

7. It is zealously argued by the learned counsel for the appellant/Jayaraman that, as per Ext.A5, certified copy of L.A file No.80/93 issued from Public Information Officer, Taluk Office, Udumbanchola, the patta in the name of Rajan@Raju would not confer title upon him. Relying on Ext.A3, copy of order of assignment on Registry and Ext.B1, certified copy of assessment Register, issued by Kattappana Grama Panchayath Secretary, Ext.B2 series electricity bill and receipt, Ext.B3 series water supply bills in the name of Jayaraman, it is argued that, Ext.A1 patta would not confer title upon Rajan@Raju. Similarly, he has placed reliance on Ext.A6 patta in the name of Jayaraman, vide patta No.154/93. It is discernible that Rajan@Raju claimed title over the plaint schedule property on the basis of Ext.A1 patta No.898/93 issued in his favour. Thereafter, he had paid land tax as per Ext.A2. In fact, the courts below found, based on Ext.A1 patta that, Rajan@Raju perfected title over the plaint schedule item and therefore, mere assessment of the building in the name of Jayaraman and payment of electricity bills or water charges by Jayaraman, would not confer title upon him. On the said basis, suit was decreed as under:

“In the result, O.S: 221/09 is decreed and the title of the plaintiff over the plaint schedule property is declared. The defendant is directed to give vacant possession of the plaint schedule property to the plaintiff within 2 months of the date of this decree. Defendant is also restrained by a decree of perpetual injunction from further trespassing into the plaint schedule property, committing any act of waste therein and from doing anything which will adversely affect the plaintiff's peaceful possession and enjoyment of the schedule property. O.S: 1/10 is d