C KUNHAMMAD Vs. C H AHAMAD HAJI

JUDGEMENT

(1.) This appeal is directed against the decree and judgment in A.S. No. 64/88 of the Sub Court, Kasaragod, which was filed against the decree and judgment in O.S. No. 208/82 of the Additional Munsiff's Court, Kasaragod. The plaintiff is the appellant.

(2.) The suit was filed by the plaintiff for possession of the portion of A schedule property which is alleged to have been trespassed by the first defendant for laying pipe line and for consequential mandatory injunction directing the first defendant to remove the pipe line within a time to be fixed by the Court and on failure of which to get it done through an officer of the Court at the expense of the first defendant. The plaintiff has also prayed for a decree of permanent injunction prohibiting the first defendant, his men and agents from trespassing into or in any way interfering with the possession and enjoyment of the A schedule property by the plaintiff and defendants 2 to 9.

(3.) According to the plaintiff, the plaint A schedule property originally belonged to late Mammunhi Haji, the father of the plaintiff. He had executed a rent deed in the year 1968 in favour of the plaintiff and his brother one C. Ibrahim. In the said rent deed Mammunhi Haji reserved his right to take usufructs from the coconut trees and also to collect the rent from the three houses situated in the A schedule property. The plaintiff and his brother Ibrahim were in joint possession of the said property by paying rent. After the death of Ibrahim his legal representative who are defendants 2 to 9 are also enjoying the property along with the plaintiff. The plaintiff's father died on 13-10-1979. Thereafter, the plaintiff claims that he is in possession and enjoyment of the plaint schedule property. The first defendant is the owner of the northern property. He had constructed a building in his property. But the Municipality has not granted licence to the first defendant on the ground that there is no proper drainage facility in that building. The first defendant approached the plaintiff to sell away a portion of the land for laying the pipe line. The plaintiff refused.