CHEMMANCHERI KOKKANMADATHIL JANAKI AMMA Vs. M.K. KARTHIYANI

JUDGEMENT

(1.) A decree for prohibitory injunction granted by the Munsiff's Court, Payyannur in O.S. No.232 of 2000 as confirmed by the Sub Court, Payyannur in A.S. No.130 of 2003 is sought to be unsettled by the 1st defendant and the legal representatives of the deceased

(2.) ND defendant. 2. According to the deceased plaintiff (respondents are his legal representatives), the suit property originally belonged to Rayaramangalath Mana and was in the possession of the Tarwad of the 1st defendant and the deceased 2nd defendant. The 1st defendant got title and possession of the suit property as per assignment deed No.1739 of 1961. She in turn, assigned that right to the deceased plaintiff as per Ext.A1, assignment deed No.843 of 1965. The deceased plaintiff constructed a building in that property. He was running a tea shop in the said building. Defendants 1 and 2 attempted to trespass into the said property and demolish the building. Hence the suit.

(3.) THE trial court answered the issues in favour of the deceased plaintiff and granted a decree. That was confirmed by the first appellate court. Hence this Second Appeal.