MAVATH KRISHNAN MARRAR Vs. MADIYAN APPU

JUDGEMENT

(1.) THE plaintiff in O.S.504 of 1992, who was non-suited by the lower appellate court has come up in appeal.

(2.) THE suit was one for recovery of possession on the strength of title. He claimed the plaint schedule property on the basis of Ext.A3 dated 17.12.1951. Plaint schedule property has an extent of 8 cents, which is a portion of a larger extent of 90 cents comprised in Sy. No. 195/12B1. Ext.A4 is the assignment deed in favour of the second defendant which includes the plaint schedule property also. THE plaintiff was engaged in several rounds of litigation in an attempt to protect the property thwarting the attempts of the neighbours to grab portions of his property. According to the plaintiffs, the defendants have created fraudulent documents and have tried to trespass into the plaint schedule property. THE first plaintiff had instituted O.S.204 of 1990 against the defendants. It was found in the said suit that the dispute related only regarding plot C and the suit was dismissed on the first plaintiff's failure to prove possession of the suit property. THE allegation is that soon thereafter the defendants trespassed into plaint B schedule property. On the basis of these allegations the suit was laid.

(3.) NOTICE is seen issued on the following questions of law: