JOSE LALICHAN Vs. AUGUSTIN

JUDGEMENT

(1.) The defendants in OS 1176 of 1998 before the Munsiff's Court, Alappuzha are the appellants. The parties and facts are hereinafter referred to as they are available before the Trial Court.

(2.) The plaintiff claimed to be the absolute owner in possession of the suit properties, which consists of two items as per Ext. A1 dated 04/01/1989 and Ext. A2 dated 27/07/1998. Plaint item No. 2 lies on the east, south and west of item No. 1 property. According to the plaintiff, both the properties lie within well defined boundaries and demarcated from the rest of the properties. The second defendant is said to be residing in a hut in the property situate on the southern side of plaint items 1 and 2. The first defendant is the relative of second defendant and he resides with her. According to the plaintiff, the defendants are attempting to trespass into the suit property and reduce it into their possession. Therefore the suit.

(3.) The defendants resisted the suit. It is pointed out that the suit was a counter blast to OS 1021 of 1998 before the Munsiff's Court, Alappuzha, which has been filed by the defendants against the plaintiff. They disputed the title and possession of the plaintiff over the suit property. They claimed to be the absolute owners and in possession of the same. They denied that they had trespassed into the property owned and possessed by the plaintiff. The allegation that the suit properties were lying well separated and bounded on all sides from the other properties was also denied. On the basis of these contentions, they prayed for a dismissal of the suit.