SADASIVAN NAIR Vs. KRISHNAN NAIR

JUDGEMENT

(1.) THE plaintiff in O.S.No.2949 of 1992 of the Principal Munsiff's Court, Thiruvananthapuram is aggrieved by the dismissal of the suit for declaration of title, recovery of possession, fixation of boundary and prohibitory injunction, confirmed by the Principal Sub Court, Thiruvananthapuram in A.S.No.25 of 2006.

(2.) ACCORDING to the appellant/plaintiff, theplaint A schedule property belongs to him as per Ext.A4, gift deed No.1479 of 1967 executed by his father. The appellant executed settlement deed to his children concerning 8 > cents from the plaint A schedule. The respondent/defendant has property on the east of the plaint B schedule. It is alleged that the respondent has trespassed into the suit property. Hence the suit.

(3.) THE trial court initially dismissed the suit against which the appellant filed A.S.No.179 of 1997. The first appellate court allowed that appeal by way of remand directing the trial court to remit the report and plan to the Advocate Commissioner and obtain a fresh report and plan. The property was to be measured with reference to Ext.A4, gift deed, survey plan, etc. The first appellate court also directed the trial court to consider the plea of adverse possession.