CHACKO.M.P. Vs. NEELAKANDAN ELAYATH

JUDGEMENT

(1.) THE plaintiff in O.S.No.292/2006 who succeeded in the trial court and who was non suited by the lower appellate court is the appellant before this Court. The plaintiff traces his title to Exts.A1, A2 and A3 documents. He claimed that though he was entitled to 88 cents of property, he obtained patta for only 83 cents. It is claimed that he is in absolute enjoyment of the plaint schedule property. He would say that the eastern boundary of the property obtained by him as per Exts.A1, A2 and A3 documents is a thodu. Alleging that the defendants are trying to trespass into the property situated on the western side which is actually belonging to him, suit was laid.

(2.) THE defendants contested the suit and raised title to Ext.B1 document which is a partition deed of their family. According to them, thodu is not a common boundary but it is situated inside the property allotted to the defendants 1 and 2 2 and beyond the thodu, on the western side also, they had a strip of land. Apart from resisting the claim made by the plaintiff, they also filed a counter claim with respect to 1= cents of property which is shown on the western side of the thodu as claimed by them.

(3.) ON the basis of the above pleadings, issues were raised and the parties went to trial. The plaintiff examined PWs 1 and 2 and had Exts.A1 to A4 marked. The defendants had DW1 examined and Exts.B1 to B4(a) marked. Exts.C1 to C2(a) are the commission report and plan.