VENOGOPALAN NAIR Vs. SARASWATHY AMMA

JUDGEMENT

(1.) This appeal is admitted on the following substantial questions of law:-

(2.) Respondent/plaintiff sued for fixation of eastern boundary of the suit property and for prohibitory injunction. She claimed that the suit property, described as 30.75 cents in old survey No. 76726/1 and 76/26/2 of Perumpaikkadu village belongs to and is in her possession as per Ext. A1, settlement deed of the year, 1980. She alleged that at the time of the said settlement deed and thereafter, there was a fixed boundary on the eastern side of the suit property. Property on the further east, 10 cents in re-survey No. 572/37-34 of the same village belongs to the appellant. The respondent alleged that while constructing building in the said 10 cents the appellant demolished eastern boundary of the suit property. Hence the suit.

(3.) The appellant claimed that he is the owner in possession 10 cents in re-survey No. 572/37-34 as per Ext. B1, settlement deed executed by his mother who got the said property as per a gift deed No. 1208 of 1957 executed by predecessor-in-interest of the respondent. He denied the allegation of demolition of eastern boundary of the suit property.