AYYAPPAN KOCHUKUNU Vs. VELUTHAKUNJU GOPALAN

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in O.S. 64 of 1990 are the appellants. During the pendency of this appeal, the first appellant, first respondent and the third respondent died. Their legal heirs have been brought on the party array. The parties and facts are hereinafter referred to as they are available before the trial court.

(2.) THE suit was one for declaration of title, possession and other ancillary reliefs. Injunction was sought for in respect of 91 cents shown as A schedule property comprised in Sy. No.323/9-B of Chunakkara Village. Declaratory reliefs were confined to plaint B schedule property which is part of plaint A schedule property having an extent of 1 = cents in the same survey number.

(3.) ON the above pleadings issues were raised by the trial court. The evidence consists of the testimony of P.Ws.1 to 3 and documents marked as Exts.A1 to A8 from the side of the plaintiffs. The defendants had D.Ws.1 and 2 examined and Exts.B1 to B23 marked. Exts.C1 and C2 are the commission report and mahazar. ON an evaluation of the evidence in the case, the trial court came to the following conclusions: