NESAN NADAR Vs. SUMATHI

JUDGEMENT

(1.) FIRST defendant in O.S. No. 548 of 2005 of the 1st Additional Munsiff's Court, Neyyattinkara is aggrieved by the decree of declaration of title, possession and injunction granted in favour of the respondents 1 to 4 concerning the suit property, confirmed by the Sub Court, Neyyanttinkara in A.S. No.51 of 2009.

(2.) THE original plaintiff, predecessor-in-interest of the respondents 1 to 5 filed the suit claiming that he is the title holder in possession of the suit property as per Ext.A1, assignment deed No.1157 of 2002 executed by the appellant/first defendant. He claimed that the suit property is bounded by mud bund on all sides and that the appellant and the 5th respondent/2nd defendant are attempting to trespass into the said property.

(3.) THE trial court found against the contention raised by the appellant and granted a decree in favour of the first respondent but subject to the result of O.S.No.347 of 2005 (in which the 5th respondent has sought enforcement of Ext.B1, agreement for sale). That judgment was confirmed by the first appellate court.