LISAMMA ANTONY AND ORS. Vs. KARTHIYAYANI AND ORS.

JUDGEMENT

(1.) These appeals have arisen out of judgment and decree dated 6.6.2013, passed by the High Court of Kerala in Regular Second Appeal No. 188 of 2013, whereby said appeal was allowed by the High Court. By the order dated 7.2.2014, passed by the High Court, Review Petition No. 611 of 2013 in second appeal was dismissed.

(2.) We heard learned Counsel for the parties and perused the papers on record.

(3.) Briefly stated, Plaintiff Annamma Thomas (predecessor-in-title of the present Appellants) instituted suit No. 415 of 2005 before the Principal Munsiff, Alappuzha, for injunction restraining the Defendants from trespassing into the property mentioned in the schedule of the plaint, and from demolishing its boundary. It is pleaded in the plaint that the Plaintiff Annamma and her two children Mathew and Benny were the absolute owners of the property, which they purchased vide Sale Deed No. 824/80 dated 3.5.1980. They further pleaded that they were in possession of the property. It is also pleaded by the Plaintiffs that the Defendants are the Kudikidappukari (persons holding tenancy rights) of the previous owners to the extent of 10 cents of property (1/10th of an acre), which is on the northern side of the property in suit. The Defendants were in possession of said part. It is further pleaded by the Plaintiffs that boundary between the property in question and that of the Defendants is well demarcated. It is alleged by the Plaintiffs that on 19.6.2005, the Defendants attempted to demolish the existing fence. Therefore, the suit filed.