1. The plaintiff filed the suit for a declaratory and mandatory

injunction. The suit was decreed by the trial court. The

decree of the trial court was confirmed by the lower

appellate court. The second appeal is filed by defendants

2 to 6.

2. The plaint schedule property is 10 cents of land with a

school building in it. A school is run in the building. The

property originally belonged to one P.K.Kunhikannan. He

was the father of the plaintiff and Raghavan. Raghavan

died. Raghavan was the husband of the second defendant

and father of defendants 3 to 6. Kunhikannan executed

Ext A1 gift deed in favour of his wife Chirutha and

children. According to the plaintiff, the right of

management of the school was transferred to Chirutha. It

was also contended that the transfer came into effect

even before the gift deed. The plaintiff contended further

5

that item No.11 in Ext A1 gift deed was the plaint

schedule property. The defendant contended that item

No.11 in Ext A1 was a different property in a different

survey number, and not the school compound comprised

in survey No.92/7. Whatever it be, admittedly, till death in

1973, Chirutha was the manager of the school.