P. KRISHNAN, ITHAKKUMCHERIL Vs. PARAMESWARAN RAMAYYAN, THEKKESASTHANKAL

JUDGEMENT

(1.) THE following substantial questions of law are framed for a decision.

(2.) THE legal representative of the deceased 1st defendant in O.S. No.62 of 1983 of the Munsiff's Court, Vaikom is aggrieved by the decree for recovery of possession on the strength of title granted in favour of the deceased 1st respondent (he died pending the appeal and his legal representatives are impleaded as additional respondents 10 to 13) over the suit property - 13.50 cents in Sy. No.397/7A,B,C and confirmation of that judgment and decree by the learned Sub Judge, Kottayam in A.S. No.56 of 1998. According to the deceased 1st respondent- plaintiff, the 13.50 cents referred in the plaint schedule forms part of property belonging to him as per Exts.A3 and A4. On the east of the suit property is the property belonging to the deceased 1st defendant. He has 41 cents in Sy. No.396/6A and 47 cents in Sy. No.396/6B. Towards north-eastern side of the suit property is the Piravom-Kaduthuruthy road. There was an attempt on the part of the deceased 1st defendant to trespass into the suit property. Thereon the deceased 1st respondent filed a compliant to the Sub Divisional Magistrate, Kottayam who issued Ext.A1, order directing the deceased 1st respondent to approach the civil court for vindication of his grievance. That was followed by the deceased 1st defendant trespassing into the suit property in December, 1976 and taking forcible possession of the said property.

(3.) THE trial court, based on the evidence found title of the suit property with the deceased 1st respondent, rejected the plea of adverse possession and granted a decree for recovery of possession. That was confirmed by the first appellate court.