BAHULEYA PANICKER Vs. SUDHAKUMARI; P UDAYAKUMAR

JUDGEMENT

(1.) Ext.P10 order passed by the court below by which a fresh Commissioner was appointed on the request forwarded by the respondent herein, is under challenge. Petitioner is the plaintiff in O.S.No.1670/2007 of the court below, which is a suit filed for declaration of title of the petitioner over the plaint B schedule property and for recovery of possession of the same. The petitioner has alleged that he has got 14 cents of property, which is the southernmost portion of the properties owned by one Ambujakshi. The property of the respondent is situated just at the northern side of the property of the petitioner. It is the case of the petitioner that the respondent has trespassed into the northernmost portion of the property of the petitioner and reduced such a portion into her possession. The petitioner wants to get recovery of possession of that portion which is scheduled as plaint B schedule item. It seems that the respondent as plaintiff has filed O.S.No.1853/2007 before the court below for getting the southern boundary of her property fixed.

(2.) Originally, Ambujakshi was having 57 cents of property out of which, she had disposed of 20 cents from the northernmost portion and retained 37 cents lying at the southern side of that 20 cents. Out of that 37 cents property, she retained 5 cents from the north-western portion, and then settled 18 cents of property to her daughter Prabhavathy and 14 cents of property, which is the southernmost portion of that 37 cents, to her son Sreekumar. The petitioner herein is the transferee of the said 14 cents from the said Sreekumar.

(3.) From the 18 cents of property given to Prabhavathy, she sold 8 cents of property from the north- eastern portion to a stranger.Further, she settled the remaining 10 cents of property in favour of her daughter, who is the 1st respondent herein.