KRISHNA BHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the plaintiff in O.S No.189/2008 on the file of the Principal Munsiff's Court, Kasaragod.

(2.) The brief facts necessary for the disposal of this appeal are as follows:- The plaintiffs had filed a suit for declaration of title and injunction. According to the plaintiffs, the plaint A schedule properties were obtained by them as per document No.209/60 of SRO, Kasaragod. Item Nos.4 and 5 were obtained by them through the mother as per order in DR No.9383/66-67 Puthige. The Plaint A schedule property contains various cultivation and improvements done by the predecessors as well as plaintiffs. The plaint B schedule property is touching the plaint A schedule property and that the plaint B schedule property is in possession and enjoyment of the plaintiffs for more than 60 years. On 19/7/2008, the defendant, namely the Village Officials of Puthige Village, came to the suit property stating that the plaint B schedule property belongs to them and they are intending to assign the same to a third party and hence the suit was filed.

(3.) The defendant entered appearance and contended that the suit is not maintainable. 2.90 acres of property in R.S No.39/1 pt and 2 acres of property in R.S No.40/2 pt of Puthige Village was assigned in favour of the plaintiff's mother as per DR 9383/66-67/Puthige dtd. 21/3/1979 and patta was issued on 12/5/1983. Later the plaintiffs trespassed into the plaint B schedule property. The plaintiffs have no right title and interest over the plaint B schedule properties and it is intended to be assigned in favour of the third parties, who are landless people. After considering the evidence on record, the Trial Court framed the following issues:-