IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 856 of 2008()
1. K.BALAKRISHNAN, S/O. KELU, AGED 72,
... Petitioner
2. V.P.GOWRI, W/O. BALAKRISHNAN, AGED 64,
3. SREEKANTHAN, S/O. BALAKRISHNAN, AGED 25
Vs
1. N.K.NARAYANAN, S/O. CHERYEKKAN,
... Respondent
2. V.P.DHAKSHIYAYINI, W/O. N.K.NARAYANAN,
For Petitioner :SRI.C.P.MOHAMMED NIAS
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/12/2008
O R D E R
V.RAMKUMAR,J.
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R.S.A. No. 856 of 2008
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DATED: 2-12-2008
JUDGMENT
Defendants 1 to 3 in O.S. 414 of 1995 on the file of the
Munsiff’s Court, Kozhikode are the appellants in this Second
Appeal. The said suit instituted by the respondents herein was
one for mandatory injunction or in the alternative for recovery of
possession and prohibitory injunction.
2. The plaintiff alleged that the defendants are in
permissive occupation of the building in question and that the
plaintiffs had revoked the permission to occupy the building by
issuing notice to the defendants. Defendants on the other hand
contended that they have perfected title over the plaint
schedule property by adverse possession and limitation. The
courts below accepted the plaintiff’s case and held that the
defendants were permitted to occupy the house situated in the
plaint A schedule property in the year 1983 in view of the close
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relationship between the parties. Since the occupation of the
appellants was permissive in nature, they could not plead
adverse possession and limitation since it is well settle that
permissive possession can never be adverse. The findings
recorded by the courts below are pure findings of fact.
No question of law, much less, any substantial question of
law, arises for consideration in this appeal. The questions of law
formulated in the memorandum of Second Appeal also do not
arise for determination in this Second Appeal which is accordingly
dismissed in limine.
Dated this the 2nd December 2008.
Sd/-V.RAMKUMAR, JUDGE
/true copy/
ani
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