THANKAMMA Vs. SALAMMA DANIEL

JUDGEMENT

(1.) THE Second Appeal is admitted on the following substantial questions of law.

(2.) THE second appeal arises from the judgment and decree of the Munsiff's Court, Kayamkulam in O.S.No.280 of 2006 confirmed by the I Additional District Court, Mavelikkara in A.S.No.25 of 2010.

(3.) PLAINT A schedule is 15 cents in survey No.412/1/2 belonging to the respondent as per Ext.A1, sale deed No.2643 of 2004. Plaint B schedule is 17 cents which originally belonged to the deceased 1st defendant and is situated on the south of the plaint A schedule. Later the property was transferred to the 3rd appellant/4th defendant. Plaint C schedule, stated in the plaint before amendment is the pathway originating from the south-eastern corner of the plaint A schedule, proceeding towards the south along the eastern side of the plaint B schedule and reaching the Panchayat road on the further south; described as having width of 33 inches on the southern extremity, 44 inches towards the northern extremity and 35 inches towards the middle. By the amendment dated 05.12.2008, the plaint C schedule is described as having a length of 31 metres and width of 86 cms.