THANKAMMAL RETHNAMMAL Vs. KRISHNA ACHARI SASIDHARAN ACHARI

JUDGEMENT

(1.) This is an appeal preferred against the judgment and decree in A.S. No. 167 of 1998 of the I Addl. District Court, Mavelikkara. The said appeal was preferred against the judgment and decree in O.S. No. 172/1996 of the Munsiff's Court, Haripad.

(2.) The suit was originally filed by the plaintiff for fixation of boundary and for injunction. Subsequently it has been amended with a prayer for recovery of possession.

(3.) The property described in the plaint schedule is having an extent of 8 cents comprised in Sy. No. 283/15 of Cheruthana Village. The plaintiff had obtained the said property by virtue of Ext.Al sale deed executed by his brother Janardhanan Achari, who was the husband of the first defendant and father of the second defendant. On the death of Janardhanan Achari, defendants filed O.S. No. 27/94 against the plaintiff to set aside the sale deed in favour of the plaintiff and it was dismissed on 10.10.1995. It is averred that the plaintiff attempted to put up a fence on the western and southern side of the plaint schedule property, which was obstructed and thereafter on 1.8.1996 they trespassed into the property and took possession of the same.