K.P.ABDUL LATHEEF Vs. M.K.JANARDHANAN

JUDGEMENT

(1.) PLAINTIFF in O.S. No.352 of 2002 of the court of learned Principal Munsiff, Kannur is aggrieved by the dismissal of that suit as confirmed by the learned Additional District Judge, Thalassery in A.S. No.141 of 2007.

(2.) APPELLANT sued the respondent for a decree for prohibitory injunction. Plaint A schedule is described as 9.16 cents in R.S. No.128/2 belonging to the appellant as per sale deed No.2044 of 2000 (the document is not produced in the courts below). Plaint B schedule is claimed to be purchased by the appellant as per Ext.A1, assignment deed No.988 of 2002 executed by one Savithri. Exhibits A2 and A5 are receipts for payment of revenue for the property. According to the appellant, respondent has some property on the west and south of the plaint B schedule. Respondent is attempting to trespass into the said property and hence the suit for prohibitory injunction.

(3.) THE trial court found that there is no proper identification of the suit property and dismissed the suit.