JUDGMENT

Plaintiff, in a suit for permanent prohibitory injunction and a declaration that the execution of sale deed in respect of the plaint schedule property is not binding upon him, has come up aggrieved by the concurrent findings against him by the Munsiff-Magistrate’s Court, Mannarkkad in OS No.91 of 2004 as affirmed by the Sub Court, Ottappalam in AS No.86 of 2010.

2. The brief facts necessary for the disposal of the appeal are as follows:

The plaint schedule property was originally held by the plaintiff's father, Abdu, along with the other properties on leasehold right, which was subsequently assigned in favour of the plaintiff's mother, Pathumma, by Deed No.4256/1975 of SRO, Mannarkkad. Thereafter, Jenmam right of the property was obtained by Pathumma from Land Tribunal, Mannarkkad as per Purchase Certificate No.164/94. Later, by gift deed No.1445/2004 of SRO, Mannarkkad, the mother of the plaintiff transferred the right title and interest over the plaint schedule property in favour of the plaintiff and thus he is in possession of the property. Defendants 1 to 3 are having properties on the eastern side of the plaint schedule property. On the northern side of the plaintiff's m