PEEKKARA VEETIL KUNHIRAMAN Vs. THEKKEVEETIL NARAYANAN

JUDGEMENT

(1.) The plaintiff in a suit for permanent prohibitory injunction is the appellant. The plaint schedule property originally is shown as 85 cents of land in R.S.No.181/2 of Perole village. After the filing of the Ext.C1 Commission Report and Ext.C1(a) Plan, the extent was amended as 79.388 cents of land. Both sides admit that the Jenmom right of the plaint schedule property belonged to Vettakkorumakan Devaswom.

(2.) The plaintiff claimed that the plaintiff obtained kuzhikanam right over the plaint schedule property 50 years back. The defendant obtained Purchase Certificate with respect to an extent of 2 Acre 50 cents of land including the plaint schedule property as per order in I.A.No.10919/75. Immediately upon knowing the issuance of the Purchase Certificate, the plaintiff filed an Appeal before the appellate authority, and the same is pending consideration. The plaintiff is in possession and enjoyment of the plaint schedule property and paying government taxes and rent to the jenmi and making improvements. The plaint schedule property consists of improvements like jack tree, Kurukuthi tree cultivated by the plaintiff. The cause of action for filing the suit is that the defendant trespassed into this property on 6/4/2008 and cut the trees in the plaint schedule property and he tried to take possession of the property.

(3.) The defendant opposed the suit prayers by contending inter alia that the plaintiff is a proxy of the defendants in O.S.No.32/1996 filed by the plaintiff for recovery of possession. The defendant obtained delivery of the property on 27/10/2007. According to the defendant, the defendant obtained kuzhikanam right orally from the Vettakkorumakan Devaswom, Nileswar and had been regularly paying the purappad to the jenmee and thereafter purchased the jenm right as per order in O.A.No.10919/75. The plaintiff is a total stranger to the plaint property and he has no right title or possession over the property.