THEVAN Vs. S.R.KRISHNAN

JUDGEMENT

(1.) DEFENDANTS in O.S. No.161 of 2008 of the Munsiff's Court, Perumbavoor challenge the decree for recovery of possession of suit property as confirmed by the Sub Court, Perumbavoor in A.S. No.33 of 2010.

(2.) FACTS which are not very much in dispute are that the respondent-plaintiff owned a total extent of 3.71 Ares in R.S. No.76 as per Ext.A1, assignment deed No.2446 of 2006. Out of the said 3.71 Ares, the respondent sold 1.21 Ares towards extreme southern side to the appellants as per Ext.A2, assignment deed No.699 of 2007. Respondent sold 97 Sq.mts of land in between the remaining property belonging to him on the northern side and the 1.21 Ares assigned to the appellants to one Sheela as per assignment deed No.5931 of 2007. Respondent claimed that what remained with him is 1.53 Ares towards northern portion (on the north of the 97 sq.mts assigned to Sheela) and that appellants trespassed into the said 1.53 Ares and constructed a shed. Hence he sought recovery of possession of the 1.53 Ares on the strength of his title.

(3.) THE trial court considered the question whether the 1.21 Ares assigned to the appellants as per Ext.A2 is on the northern or southern side of 3.71 Ares, based on the evidence found that the 1.21 Ares is towards the southern portion of the total extent of 3.71 Ares, that appellants have no conceivable right over the suit property - the remaining 1.53 Ares belonging to the respondent and granted a decree for recovery of possession. That judgment and decree were confirmed by the first appellate court. Hence this Second Appeal.