KANCHANA Vs. CHATHAN

JUDGEMENT

(1.) These appeals arises out of the common judgment in A.S.No.20 and 23 of 2023 on the files of Sub Court, Chavakkad. These appeals were preferred by the appellant, aggrieved by the judgment and decree in O.S.No.402/2007 and 758/2009 of the Munsiff Court, Chavakkad.

(2.) O.S.No.402/2007 was preferred by the appellant as the plaintiff, seeking for a permanent prohibitory injunction restraining the defendant from interfering with the possession of the plaintiff - appellant. O.S.No.758/2009 was instituted by the defendants in O.S.No.402/2007 seeking for declaration of title, recovery of possession, a permanent prohibitory injunction and a mandatory injunction.

(3.) The appellant contended that by virtue of Settlement Deed No.802/1998 of Akkikkavu S.R.O., the appellant derived right, title and interest over the property. The northern side of the plaint scheduled property is the property of the defendants. There is a height difference of 2 to 6 feet with the property of the defendants to that of the plaintiff's property, both are well demarcated and is in their respective possessions. On 25/5/2007, the defendants, along with their men, came to the plaint schedule property and tried to cause damage to the boundaries of the plaint schedule property. The defendants entered appearance and contended that the description of the plaint schedule property is not correct and that there is no boundary to separate the plaint schedule property from the property of the defendants. The right of the plaintiff over the plaint schedule property was questioned.