K.C. NINAN Vs. STATE OF KERALA

JUDGEMENT

(1.) (1) Whether the period of appellant's possession over the property in question can be 'tacked' with the period of possession of that property by the predecessor-in-interest?

(2.) The plaintiff in O.S.No.199/2007 of the Principal Munsiff's Court, Kochi is the appellant herein. The suit is one for declaration of the plaintiff's title and possession over the plaint schedule property, for a perpetual injunction restraining the defendants from trespassing into the plaint schedule property and from interfering with the plaintiff's possession and enjoyment of the plaint schedule property, and from committing any waste thereon.

(3.) The plaint schedule property is shown in the plaint as 17.5 cents of land and the part of building No.18/49 According to the plaintiff, the said 17.5 cents of land forms part of the total extent of one acre and half cent of property. The whole extent of property is lying in various survey numbers. The plaint schedule property is in Sy.No.1166 of the Rameswaram Village, Kochi Taluk. According to the plaintiff, he purchased the whole property in court auction dated 31.10.1989 in E.P. No.112 of 1989 in O.S.No.2/1979 of the Principal Subordinate Judge's Court, Kochi. The sale was confirmed on 22.01.1990 and Ext.A2 sale certificate was also issued to the plaintiff. He has been in possession of the property from 22.01.1990 and has been paying land tax.