CHEMBRA PEAK ESTATE LTD Vs. MARIYAPPAN

JUDGEMENT

(1.) Plaintiff in O.S.No.209 of 1977 of the Court of learned Munsiff, Kalpetta, successful in getting a decree for recovery of possession of plaint B schedule and prohibitory injunction but, unsuccessful in the appeal filed by the respondents/defendants challenge judgment and decree of the first appellate court in A.S.No.l of 1998.

(2.) According to the appellant/plaintiff, plaint A schedule belonged to it and plaint B schedule forms part of plaint A schedule which the original defendant allegedly trespassed upon on 30.09.1977. Hence a prayer for recovery of possession on the strength of title.

(3.) Original defendant contended that he got plaint B schedule as per Ext.Xl, purchase certificate dated 12.08.1977. In the purchase certificate the survey number of property was mentioned as 520/2. Later, that was corrected (being a mistake) as survey No.520/4-B7 (which is the survey number of B schedule referred to in the plaint schedule).