NAVOORAMMA Vs. GANEEMA BEEVI

JUDGEMENT

(1.) Decree for damages and the perpetual injunction granted in O.S.No.361/2009 by Additional Sub Court, Kottayam against defendants in representative capacity, is challenged by them in this appeal.

(2.) The court below decreed the suit awarding an amount of Rs.3,43,403/- with 6% interest per annum and restrained the appellants from trespassing into plaint schedule item No.1 and interfering with plaintiff's possession and enjoyment thereof.

(3.) The sole respondent, the plaintiff is the owner of plaint item 65.6 Acres of land. The plaintiff had constructed masonry walls with cement mortar on all four sides of the property. Item No.2 is a public pathway having 01 metre width situated immediately to the north of plaint item No.1. This public road separates item No.1 in the possession of plaintiff and the northern property in the possession of a temple.