BEEPATHUMMA Vs. JOICY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 10.10.2017 in A.S.No. 186/2008 on the file of Ist Addl.District Court, Thrissur (hereinafter referred to as 'the first appellate court') confirming the judgment and decree dated 9.4.2008 in O.S.No. 357/2004 on the file of the Munsiff's Court, Wadakkanchery (hereinafter referred to as 'the trial court'). The appellants are the defendants and the respondents are the plaintiffs in O.S.No.357 of 2004 respectively. The suit was for mandatory injunction and recovery of possession on the strength of title. The parties are hereinafter referred to as 'the plaintiff' and 'the defendant' according to their status in O.S.No. 357/2004 unless otherwise stated.

(2.) The plaint averments in brief are as follows:-

(3.) Defendants 1 to 3 filed written statement contending that the husband of first defendant was in occupation of 8 cents of land comprised in Sy.No.293 situated on the south of the plaint schedule property for the last 45 years. After his death, the first defendant has been in possession of the said property. A house was constructed therein by her husband about 45 years back. The defendants obtained patta with respect to 4 cents of property. The Village Officer measured the property and fixed the boundary. This boundary was demolished by the first plaintiff in order to widen a pathway for ingress and egress to the plaint schedule property. The plaintiffs took heavy vehicles and caused damage to the house of the defendants. Thereupon, a complaint was filed before the Revenue Division Officer on 2.9.2003. As a counter-blast to this complaint,the present suit was filed.