T.R. VELAYUDHAN Vs. P.K. KUNHUNNI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arise out of O.S. No. 279 of 1983 on the file of Munsiff's Court, Palakkad. Plaintiff is the appellant. Suit was for recovery of possession.

(2.) It is the plaintiff's case that plaint schedule property belonged to the joint family of plaintiff's grandfather and his sons. As per partition deed No. 1076 of 1951, plaint schedule property along with other items was allotted to plaintiff's father T. V. Raman as B Schedule and subsequently as per a partition deed No. 42 of 1962, B Schedule properties were partitioned between his father and brother. Item 17 in the B Schedule is the plaint schedule property. On 2nd August 1983, when the plaintiff's father went to the property to look after cultivation, he found that the property was fenced all around and black gram was sown, in the property. On enquiry, it was found that the defendant trespassed into the property a few days prior to his visit and got the property fenced and that black gram was sown.

(3.) In the written statement filed by defendants, they denied title and possession of plaintiff and set up a plea of tenancy, over 21 cents of land in Sy. No. 43/A2 of plaint schedule.