THOMAS Vs. PHILIP

JUDGEMENT

(1.) The judgment dtd. 19/10/2004 passed by the District Court, Pathanamthitta in A.S.No.75 of 1998 is under challenge in this Regular Second Appeal. The Appeal Suit arose from the judgment and decree passed by the Munsiff's Court, Adoor in O.S.No.190 of 1994. The appellant herein is the defendant.

(2.) The Original Suit was filed for recovery of possession, fixation of boundary and injunction.

(3.) The plaintiff and defendant are siblings. The plaintiff obtained the plaint 'A' schedule property measuring 11 cents under Ext.A1 sale deed of 1972. The plaintiff obtained the plaint 'B' schedule property measuring 53 cents under Ext.A2 settlement deed of 1984. The defendant also acquired 29 cents of property under Ext.A2 settlement deed executed by the father of the parties.