MOHAMMED MAMMUNHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Regular Second Appeal is filed challenging the judgment and decree passed by the Munsiff's Court, Kasaragod, in O.S.No.197 of 2003 which was confirmed by the decree and judgment dtd. 24/3/2007 passed by the Subordinate Judge's Court, Kasaragod in A.S.No.71 of 2004. The plaintiff is the appellant. The defendants are the respondents. During the course of the proceedings defendants 4 and 5 died. Their legal representatives were impleaded as additional respondents 8 to 11 . Pleadings:- The plaintiff

(2.) The plaint schedule property is 73cents of land in Re-Survey No.137/4 of Ichilangodu Village, Kasaragodu Taluk. Moosa, S/o Mohammed, the predecessor-in- interest of the plaintiff acquired title and possession over the property as per proceedings in L.A.No.199/73/Ichilangodu. The plaintiff purchased the property as per registered sale deed No.456/1992 dtd. 24/2/1992. Ever since the date of assignment, Shri. Moosa had been possessing the property till it was assigned to the plaintiff. As per the sale deed No.456/92, the plaintiff obtained title and possession over the property as its absolute owner. The plaint schedule property is a dry and rocky land without any building. The property has well defined boundaries. The defendants have no right over the plaint schedule property. Defendants 4 to 6 raised a false claim in respect of the plaint schedule property that the property was assigned in their favour as per a proceeding initiated as per the Kerala Land Assignment Rules, 1964 (the KLA Rules, 1964). When defendants 4 to 6 attempted to trespass into the property on 27/4/2003 the plaintiff instituted O.S.No.308/1995 before the Munsiff's Court, Kasaragod seeking a permanent prohibitory injunction. The said suit was dismissed. The appeal challenging the decree dismissing the suit was also dismissed. Since a cloud is cast on the plaintiff's title due to the false claim raised by defendants 4 to 6, the plaintiff instituted the present suit seeking declaration of his title over the property and for an ancillary prohibitory injunction. Defendants 1 to 3

(3.) The plaint schedule property comprised in Re- survey No.137/4 of Ichilangod Village was assigned in favour of one Moosa, S/o Maithakad Mohammad as per order of assignment dtd. 21/8/1978 in LA No.119/1973 of Ichilangod Special Tahsildar. But the said assignment was cancelled on 31/3/1981 due to non-remittance of LA dues within the time limit prescribed. This land was later assigned to defendant Nos.4 to 6 as per order in L.A.43/1993/Ichilangod dtd. 27/7/1994 and pattas were also issued. Defendants 4 to 6