JUDGMENT

Plaintiff in O.S.265 of 1983 on the file of Munsiff Court, Kalpetta is the appellant. Defendant therein is the respondent. Appellant filed the suit seeking a decree for recovery of plaint B schedule property with mesne profits. The case of appellant was that plaint A schedule property originally belonged to English and Scotish Joint Co-operative Wholesale Society Ltd which was subsequently incorporated to Co-operative Wholesale Society Ltd and under Ext.A1 sale deed dated 11.1.1973, it was assigned to the appellant and therefore appellant has title to the plaint A schedule property. It was contended that plaint B schedule property forms part of plaint A schedule property and respondent reduced the same into his unlawful possession on 10.9.1980 and therefore appellant is entitled to recover possession of the property on the strength of title with mesne profits @ Rs.50/- per annum. Respondent filed a written statement contending that plaint B schedule property does not form part of plaint A schedule property and plaint B schedule property was obtained as per an oral lease from English and Scotish Company on an annual rent of Rs.3/-

SA 434/1993 2 and since then respondent has b