JUDGMENT

Plaintiff in O.S.560 of 1996 on the file of Munsiff Court, Tiruvalla is the appellant. Defendants are respondents. Suit was filed seeking a decree for declaration of title, possession and injunction. According to the appellant, plaint schedule property originally belonged to Kuruvila Mathew and under Ext.A2 sale deed it was purchased by the appellant and appellant has absolute right and possession over the plaint schedule property.

2. Respondents contended that the plaint schedule property originally belonged to Kuruvila Jacob husband of first respondent who mortgaged the property in favour of Abraham Mariamma and that mortgage right was purchased by first respondent and first respondent obtained the absolute right under sale deed 2960/1963. It is admitted fact that Kuruvila Mathew had filed O.S.119 of 1975 against Kuruvila Jacob claiming that he purchased the property and Kuruvila Jacob had filed O.S.184 of 1975 against Kuruvila Mathew. O.S.184 of 1975 was dismissed and O.S.119 of 1975 was decreed. As against the judgments in O.S.19 of 1975 and O.S.184 of 1975, A.S.15 of 1976 and A.S.16 RSA 497/2007 2 of 1996 were filed. Both the judgments were disposed of under Ext.A9 judg