THUYYATH MANOHARAN Vs. PARAYI KARTHIAYANI

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in A.S.No.6 of 1990 on the file of the Sub Court, Thalassery which is filed against the judgment and decree in O.S.No.317/1987. The appellant is the defendant in the Original suit. The suit is filed for prohibitory injunction restraining the third defendant from trespassing into the plaint schedule property and constructing any pathway in it. As per the plaintiff, she got right and possession over the property as per Ext.A1 sale deed. The defendant has some interest over the eastern property of the plaintiff. The southern property of the plaintiff is in possession of the Health Centre. The defendant on 28-10-1987 tried to trespass into the plaint schedule property and to put up a way through the southern side of the plaintiff property. Due to an intervention of the plaintiff and her men, the defendant did not succeed in his attempt. It is understood that the defendant would trespass into the property at any time in which event the plaintiff may not be able to resist it. Hence the suit.

(2.) The defendant failed a written statement. It is admitted that the plaintiff has got 10 cents of property in five acres. The defendant has got 10 cents of property which lies on the eastern side of plaintiff s property. Vattiparam Vnnathikadavu road passes through the western side of the entire 5 acres of property. The defendant and others have access to the road from were property through the path way having with of three which passes through the southern boundary of the plaint schedule property. The suit is filed only to obstruct the pathway which is being used by the defendant and others for their ingress and egress.

(3.) The evidence consists of the oral testimony of PW1 and documents A1 to A3. No evidence either oral or documentary was adduced by the defendant. Exts. C1 and C2 were also marked. The trial court after appreciation of the evidence dismissed the suit. Against the said judgment, the plaintiff filed A.S.No.6/1990 before the appellate court. The Appellate Court set aside the judgment and decree and allowed the appeal. Challenging the same, this appeal is filed by the defendant.