GIBY ALIAS JACOB BABU Vs. P.M.ABRAHAM

JUDGEMENT

(1.) Suit for declaration of title, recovery of possession and mesne profits was dismissed by the trial court. The decree was interfered with in appeal, and the suit was decreed. Aggrieved, the defendants are in second appeal.

(2.) The plaint schedule property has an extent of 6 cents. The plaintiffs claim title over the property as the legal heirs of one Susy Abraham who got title under Ext A2 partition deed of the year 1995. The property originally belonged to her father Thomas under Ext A6 partition.

(3.) A larger extent of 88 1/2 cents of property was the subject matter of Ext A6 partition deed of the year 1955, between three brothers, Chacko, Thomas and Kurian. In Ext A6 partition, the A schedule therein was allotted to Chacko the predecessor of the defendants. A schedule was described as having an extent of 44 1/2 cents. In the said partition, B schedule was allotted to the share of Thomas, the predecessor of the plaintiffs. The B schedule was described as having an extent of 6 cents. The C schedule to the said partition was allotted to Kurian describing it to be having an extent of 38 cents. According to the plaintiffs, the 6 cents covered under the basic document Ext A6 has been encroached upon by the defendant. The suit is filed for declaration of title, recovery of possession and mesne profits.