KOCHUTHRESIA Vs. LEELA JOSEPH

JUDGEMENT

(1.) THE defendants in O.S.No.623 of 2004 of the Munsiff's Court, North Paravur are aggrieved by the decree for prohibitory injunction confirmed by the Additional District Court, North Paravur in A.S.No.164 of 2008.

(2.) ACCORDING to the respondents/plaintiffs, a total extent of 70 cents belonged to Paulo Joseph as per Ext.A1, gift deed executed by his father who acquired the property as per Ext.A3. Five cents was acquired as per provisions of the Land Acquisition Act. Another ten cents was given by way of kudikidappu to the predecessor-in-interest of the appellants and the remaining extent is 55 cents which is described in the plaint schedule. They claimed that they are in possession of the said property. They also claimed that they have permitted the appellants to pass along the said property for access to the ten cents which their predecessor-in-interest got by way of kudikidappu. Apprehending trespass, respondents filed the suit. Alternatively there was a prayer for recovery of possession as well.

(3.) TRIAL court found in favour of possession claimed by the respondents and permitting the appellants to gain access to the ten cents belonging to them through the suit property, the respondents were given a decree for prohibitory injunction. That decision, the first appellate court has confirmed.