VARKEY JOSE, S/O JOSE; JOLLYAUGUSTINE, S/O AUGUSTINE; M V VIJAYANANDHAN AND ORS Vs. JAMES, S/O MACHAEL; SECRETARY, KARIMANNOOR GRAMA PANCHAYAT AND ORS

JUDGEMENT

(1.) This appeal arises from the judgment dated 18.07.2011 in A.S. No.75 of 2009 of the learned District Judge, Thodupuzha.

(2.) The following substantial questions of law are framed for decision.

(3.) The 1st respondent filed O.S. No.143 of 2003 in the Munsiff's Court, Thodupuzha for a declaration of title, prohibitory and mandatory injunction and recovery of damages. He claimed that he got title and possession of 1.32 acres in Sy.No.522/4/3 and 522/5/2 (R.S. No.725/7 ([of Karimannur Village]) as per gift deed No.4269 of 1979 dated 23.10.1979 and on re-survey, extent of the property belonging to and in his possession was found to be 1.40 acres. Of the said 1.40 acres he orally surrendered 11 cents to the local authority for widening the road. The remaining extent of 1.29 acres which belongs to and is in the possession of the 1st respondent is described in the plaint A schedule. Plaint B schedule is 3= cents stated to be forming part of plaint A schedule. According to the 1st respondent, appellants and respondents 2 to 4 trespassed into the plaint A schedule property and committed mischief by cutting and removing trees and widened the road. The appellants and respondents 2 to 4 resisted the suit on various grounds.