RADHAMMA PILLAI PRASANNAKUMARY RADHA BHAVAN Vs. MADHAVAN PILLAI PRABHAKARAN NAIR NAMBUKONATH THADATHARIKATHU PUTHEN VEEDU ANACODE MURI

JUDGEMENT

(1.) Plaintiff, in a suit for declaration of title and possession over the plaint schedule property, prohibitory injunction decree and in the alternative, recovery of property on the strength of plaintiff's title, is the appellant. Two courts concurrently dismissed the suit finding that the plaintiff's claim is barred by adverse possession and limitation.

(2.) Heard Sri.T.M.Chandran, learned counsel for the appellant and Smt.Bindhu, learned counsel for the respondent.

(3.) Facts in brief are as follows: Plaint schedule property is item No.9 in F schedule to Ext.A1 settlement deed. It was set apart to the plaintiff's mother Easwary Pillai Radhamma Pillai. Plaintiff's mother Easwary Pillai Radhamma Pillai gifted the property by virtue of Ext.A2 in the year 1971 and thereby the plaintiff came into possession of the property. According to the plaint averments, the defendant/respondent has no manner of right or possession over the plaint schedule property. He attempted to trespass upon the property and hence, the suit was filed.