THRISUR MUNICIPALITY Vs. BHANUPRAKASH

JUDGEMENT

(1.) The local authority, namely, the Thrissur Municipality has come up in appeal against the concurrent decrees suffered by them in O.S. 1724 of 1986 before the Munsiff's Court, Thrissur.

(2.) The Plaintiff claims to have obtained the plaint schedule property, which consists of plaint A and B schedule as per Ext.A1 settlement deed of the year 1974. The plaint schedule property was the subject matter of Ext.A2 partition deed of the year 1104 and the predecessor-in-interest of the Plaintiff is alleged to have obtained the property. It is pointed out that the property was in the possession of Kuttan, the predecessor-in-interest of the Plaintiff. The Defendant had issued Ext.A4 notice dated 2.3.1116 under the provisions of the then available local authorities Act calling upon the Plaintiff's father to surrender 2 = cents of property. The Plaintiff claims to have succeeded to the interests of Kuttan and it is pointed out that the Plaintiff and his predecessor-interest had been in possession of the property for a long time and rights if any enjoyed by the local authority has been lost by adverse possession and limitation. Since the local authority tried to interfere with the possession of the Plaintiff, the suit was laid for permanent prohibitory injunction.

(3.) The Defendant resisted the suit. They disputed the claim of the Plaintiff that they are in uninterrupted possession for a long time and disputed that the Plaintiff had no manner of right over 2 = cents. The Defendant also pointed out that Kuttan might have been vacated from the premises and thereafter fresh encroachment might have been made. When the Defendant found that the Plaintiff had encroached into the plaint schedule property, the Defendant issued Ext.A4 notice under the Kerala Municipalities Act for evicting the Plaintiff. They therefore pointed out that the Plaintiff is not entitled to any relief and the suit is only to be dismissed.