MOHANAN PILLAI Vs. JAMEELA

JUDGEMENT

(1.) Additional defendants 8 and 9 in O.S.No.1145/2001 of the Principal Munsiff's Court, Kollam has come up with this second appeal, by challenging the judgment and decree passed by the II Additional District Court, Kollam in A.S.No.59/2007.

(2.) O.S.No.1145/2011 was filed by the first respondent herein as plaintiff for a decree determining the boundaries of ABCDEFGHI schedule properties, for setting aside Ext.A6 sale deed in favour of the 6th defendant conveying excess extent than two cents covered by Ext.A3 gift deed, and recovery of possession of the excess area covered by the sale deed and a mandatory injunction for the removal of a compound wall and part of the building unauthorizedly constructed by the 6th defendant encroaching into the portions of plaint G schedule item.

(3.) The entire properties having an extent of 22 cents belonged to late Pankajakshi. Pankajakshi gifted two cents of property to defendants 1 and 2 who are her daughter and son-in-law respectively, through Ext.A3 gift deed after leaving a space at the southern portion of the said two cents for enabling the taking of cars into the rear portions of the property. The plaintiff is also one of the daughters of Pankajakshi. The plaintiff along with defendants 1, 3, 4 and 5 being the legal heirs of Pankajakshi, executed Ext.A5 partition deed. As per Ext.A5 partition deed, the B schedule in it was allotted to the share of the plaintiff.