NASEEMA Vs. MUHAMMED ISMAIL

JUDGEMENT

(1.) THIS appeal arises from the judgment dated 16.12.2009 in A.S.No.62 of 2003 of Sub Court, Nedumangad setting aside judgment and decree of the Principal Munsiff's Court, Nedumangad in O.S.No.199 of 1998 and remitting that case for fresh disposal after allowing amendment of the plaint requested for by the respondent.

(2.) RESPONDENT /plaintiff initially sued the appellant for a decree for prohibitory injunction mentioning plaint A schedule as the western 15= cents out of a total extent of 31 cents and the puthuval land adjoining it. Plaint B schedule was described as 4 cents towards western portion of the remaining eastern 15= cents (of the 31 cents). Later, the plaint was amended to incorporate a prayer for recovery of possession of 1= cents situated towards eastern side of plaint A and B schedules and shown by the Advocate Commissioner in Ext.C1(a), plan and for fixation of boundary. C schedule was also incorporated in the plaint by amendment as per order on I.A.No.231 of 2003. Plaint C schedule is 2.802 cents in resurvey 3429/1-1.

(3.) TRIAL court found that the respondent was not successful in proving the possession he claimed over the puthuval land as contended by him and that he has title and possession of the suit properties. Trial court also found that no reliance could be made on Exts.C1(a) and C1(b). The suit was dismissed.