KARIKULATH THOMAS Vs. C THANKAMANI ACHARI

JUDGEMENT

(1.) THE second plaintiff in O.S. 149 of 1986, who was non-suited by the lower appellate court has come up in appeal.

(2.) THE dispute relates to 9 = cents of land. 77 cents of land originally belonged to Raghavan Nambiar. 20 cents out of 77 cents was obtained by one Ulahannan on leasehold right. THE remaining 57 cents was taken on lease by Parvathi Amma. Ulahannan and Parvathy Amma assigned their respective properties to one Mary. Mary assigned the entire 77 cents in favour of the first plaintiff as per Ext.A4 dated 26.10.1983. During the pendency of the suit the first plaintiff assigned 27 cents in favour of the second plaintiff as per Ext.A6 dated 6.9.1986. It is claimed that the property owned by the plaintiffs lie within well defined boundaries and the defendants have no manner of right over the suit property. Alleging that the defendants are trying to trespass into the property, the suit was laid.

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