AMMUKUTTY VADAKUZHICHIRA Vs. A N KRISHNA KURUP

JUDGEMENT

(1.) THIS is a typical Indian litigation spanning over 43 years and the litigation which started in the year 1971 still goes on with same vigour and with no end in sight. Initially the litigation was for two cents. That ultimately resulted in a decree and to purchase peace, it is stated that the plaintiff in the present case assigned seven cents of property as per Ext.B3 dated 23.05.1974 to the defendants. Probably, the plaintiff and the defendants thought that that was the end of the litigation. But that was not so. Then the present case in 1987.

(2.) THE plaintiff, alleging that subsequent to the assignment in favour of the defendants as per Ext.B3 document, the defendants have slowly encroached into further portion of the property belonging to the plaintiff, laid a suit for recovery of possession and fixation of boundary.

(3.) THE defendants resisted the suit contending that they had not encroached into any portion of the property which belonged to the plaintiff and they were in actual possession and enjoyment of the property covered by Ext.B3 and purchase certificate was issued to them in respect of 12 cents of property which lies on the western side of the property covered by Ext.B3.