ROBERT Vs. CHRISTA BABU

JUDGEMENT

(1.) Defendant No.1 in O.S.No.57/2010 on the file of the Principal Munsiff's Court, Neyyattinkara, is the appellant. The plaintiff is the respondent.

(2.) The plaintiff instituted the original suit for a declaration that he has title and possession over 'C' schedule property and for a permanent prohibitory injunction to restrain the defendants from trespassing upon the property.

(3.) In 2004, the plaintiff acquired 20 cents of land in Re.Sy.No.238/3 of Vellarada Village. He sold out 7 cents of land from this 20 cents to defendant No.3. The remaining 13 cents is in the ownership and possession of the plaintiff. This 20 cents of land is described as 'A' schedule in the plaint . The 7 cents of land alienated to defendant No.3 is described as 'B' schedule. The remaining 13 cents is described in the plaint as 'C' schedule property. The plaintiff pleaded that the eastern boundary of 'C' schedule property is a row of stones. Plaint 'B' schedule property is located at a distance of 1.5 metres towards the west of the above said row of stones. Defendant Nos. 1 to 3 are residents in the properties situated on the north and south of plaint 'C' schedule property. Defendants access Kiliyoor-Kallimoodu public road through different ways. Defendants made an attempt to demolish the barbed wire fencing erected on the north boundary on the plaint 'C' schedule property and cut open a way through it.