VELAYUDHAN Vs. SANTHOSH

JUDGEMENT

(1.) This RSA is against the judgment and decree dated 05.07.2019 in AS No. 36 of 2018 of the Additional District Court, North Paravur (hereinafter referred to as, "the first appellate court"), confirming the judgment and decree dated 13.04.2018 in OS No. 247 of 2014 of the Munsiff's Court, North Paravur (hereinafter referred to as, "the trial court").

(2.) The appellant is the appellant in the first appeal and the plaintiff in the original suit. The respondents are the respondents in the first appeal and the defendants in the original suit. The parties are hereinafter referred to as "the plaintiff" and "the defendants" according to their status in the trial court unless otherwise stated.

(3.) The suit was filed for permanent prohibitory injunction, restraining the defendants from trespassing into or obstructing the construction of the compound wall around and from committing any waste therein on the allegation that the plaintiff had obtained 29.350 cents of property as per Ext.A1 settlement deed and Ext.A2 Possession Certificate, which contained a thatched house renovated by the plaintiff and used by the mother and brother of the plaintiff for their residence with the consent of the plaintiff. On the immediate southern side of the property, there was a property of Janaki, the sister of the plaintiff's father, Kunjan. She also had 29.350 cents, from which she had sold 20 cents to strangers leaving 9.350 cents, which had been gifted to the plaintiff by Janaki. Both the properties are lying contiguously as one plot in the possession and enjoyment of the plaintiff. The said properties together form the plaint schedule property. When the plaintiff tried to construct compound wall around the property, the defendants had objected to the same. Hence, the suit was filed.