S.GOPALA PILLAI Vs. M.K.KUMARI VALSALA

JUDGEMENT

(1.) At the time of admission of this second appeal, the following substantial questions of law are raised:

(2.) Appellants are the defendants 2 to 6 in O.S.No.1160 of 1991 on the file of the Munsiff's Court, Thiruvananthapuram. Prayers in the suit are for a prohibitory injunction restraining the defendants from trespassing into the plaint schedule properties or from interfering with the plaintiff's peaceful possession and enjoyment of the properties and also for putting up boundaries of the properties. Parties are hereinafter referred to as plaintiff and defendants for the sake of convenience.

(3.) Plaintiff claimed ownership and possession over the plaint schedule item Nos.1 to 3 by virtue of two sale deeds and a release deed, viz., Exts.A1 to A3. According to the plaint averments, the property of defendants lies adjacent to the plaint schedule properties. 5th defendant filed O.S.No.968 of 1991 before the Munsiff's Court, Thiruvananthapuram against the plaintiff and obtained an order of injunction. Plaintiff filed an objection to the injunction petition and disputed the right of 5th defendant to claim any relief against her. The defendants, under the guise of the injunction order, tried to trespass into the plaint schedule properties. They were bent upon doing so for the reason that there was no well defined boundaries to demarcate the properties.