KRISHNAN NAIR Vs. RAVI KUMAR

JUDGEMENT

(1.) THE defendants in O.S. No. 1028 of 1996 of the IIIrd Additional Munsiff's Court, Trivandrum is aggrieved by the decree for declaration of title and possession of the plaint C schedule, fixation of boundary and prohibitory injunction.

(2.) AS per the amended plaint, the respondent claimed relief as first above mentioned. According to the respondent, 9.750 cents belongs to the respondent as per Ext.A1, assignment deed No.459 of 1996. The plaint A schedule, the said 9.750 cents is claimed to be part of 18 cents which originally belonged to Bhagavathykutty Amma, grandmother of the respondent and mother of the appellant.

(3.) THE appellant denied title and possession claimed by the respondent over the plaint A and C schedules. The appellant also claimed that he is the owner in possession of 8.350 cents which is bounded by well defined boundaries on all sides. He raised a claim of adverse possession as well. Alleging that the respondent is attempting to trespass into the said 8.350 cents and interfere with the boundaries he has constructed therein, he also raised a counter claim for a decree for prohibitory injunction. The respondent answered the counter claim raising the contentions above stated.