DIVAKARAN Vs. P.S. KAMALAKSHY

JUDGEMENT

(1.) THE defendants in O.S.No.447 of 2005 of the Munsiff's Court, Pathanamthitta are aggrieved by the decree for recovery of possession and damages, modified by the District Court, Pathanamthitta in A.S.No.115 of 2008 to the extent it related to the decree for damages alone.

(2.) THE respondent/plaintiff sued the appellants for recovery of possession, damages and for prohibitory injunction. She claimed that the suit property, 3 Ares in re-survey No.52/20 belongs to her as per Ext.A1, assignment deed No.3022 of 2004 and produced Ext.A2, receipt for payment of revenue for the said property. Ext.A3 is the copy of re-survey plan produced by the respondent. Based on Exts.A1 to A3, the respondent claimed title and possession of item No.1 of the plaint schedule. Item No.2 is a pathway described as lying along the southern side of item No.1 through re-survey No.52/15 and at a width of 2 = feet, lying at a lower level from item No.1 by about 4-6 feet, according to the respondent. The appellants who are using the said pathway attempted to widen it trespassing into item No.1. Hence the respondent filed the suit for a decree for prohibitory injunction. Allegedly, in violation of the order of interim injunction, the appellants on 07.10.2005 trespassed into the southern portion of item No.1 and making use of that portion of item No.1, widened item No.2. The plaint was amended for recovery of possession and damages, Rs.25,000.00.

(3.) THE trial court answered the issues in favour of the respondent and granted a decree for prohibitory injunction. The respondent was allowed to recover Rs.25,000.00 by way of damages from the appellants.