JUDGMENT

Dissatisfied with the judgment and decree in O.S. No.

286 of 1992 on the file of the Subordinate Court, Palakkad, the 1st defendant has come up with this appeal. The suit was filed by the 1st respondent/ plaintiff for declaration and recovery of possession. By the impugned judgment and decree dated 27th November, 1997, the suit was decreed declaring the title and possession of the 1st respondent over the plaint schedule property and the buildings therein.

2. For the sake of convenience, the parties are referred to as per their status in the original suit.

3. The case of the 1st respondent/plaintiff/Devaswom is that the plaint schedule property is a school building, the school compound and the furniture and fittings of the school. The school belonged to the plaintiff Devaswom. The property was purchased by the plaintiff on 6.3.1891 and the school building was constructed by the plaintiff and maintained with fencing encircling the same. The management of the school was done by the Kizhikaran for and on behalf of the Devaswom trustees. The school building which was a thatched one, was renovated later and the entire income from the property was being taken by the plaintiff. One S