WILSON Vs. CHERIYAN

JUDGEMENT

(1.) The suit, as amended, is one for prohibitory injunction against trespass with an alternate relief of recovery of possession on the strength of title. The suit was originally decreed by the trial court and the decree was confirmed by the first appellate court. This Court in RSA 374/2005 set aside the decree and judgment and remanded the suit back to the lower appellate court. Thereafter, the first appellate court again affirmed the trial court decree. Aggrieved, the defendant is in second appeal.

(2.) The plaint schedule property is 1.84 Acres out of a larger extent of 9.44 Acres in Sy. No.1307/1 of Kaniyarkkode Village. Plaintiffs and the defendants are adjoining owners. Plaintiff claims title over the plaint schedule as per Ext.A3 Sale Deed of the year 1990. Ext.A4 is its prior deed, of the year 1967. The plaintiff alleges attempt on the part of the defendant to trespass into the plaint schedule property. The defendant on the other hand claims title over the property on the strength of Ext.B2 Sale Deed of the year 1976.

(3.) On the basis of Ext.C5 Commissioner's Report and Ext.C6 plan prepared by the Commissioner, the trial court granted a decree in favour of the plaintiff. On appeal, the first appellate court, confirmed the decree. The same was interfered with by this Court in RSA 374/2005 and directed the first appellate court to rehear the appeal after considering the evidence of the Surveyor and Commissioner which was taken before the trial court, regarding the acceptability of the commission report. Thereafter the first appellate court complied with the direction, found the report and plan to be acceptable and thus affirmed the decree of the trial court.