GOPINATHAN Vs. RAJAMMA; SUSEELA; SANTHA; RAJAN ALIAS UNNI

JUDGEMENT

(1.) The first defendant is the appellant. The suit was originally filed seeking a decree for injunction. Subsequently, the plaint was amended seeking declaration of title and for recovery of possession of the plaint schedule property from the first defendant/appellant. The suit is in respect of 5= cents of land in Survey No.200/32.

(2.) According to the respondents, the appellant's father Aabel Harris was having Kudikidappu right in respect of the property having an extent of 5= cents. He filed application as O.A.No.169/76 and in that application, the Kudikidappu right was granted. The land assigned thereunder was stated to be 4 cents. The respondents contend that the actual property available within the four boundaries is 5= cents and that much extent of land was in the possession of Aabel Harris, the father of the appellant.

(3.) The appellant resisted the suit contending that he has been in occupation of the house/hut situated in that property and he is entitled to get Kudikidappu right. It is also stated that he had also filed application as O.A.No.469/89. Ext.A7 is the copy of the application in O.A.No.469/89. No Kudikidappu was granted in the application filed by the first defendant/the appellant herein.