RADHAMANI AMMA Vs. VIMALA KUMARI

JUDGEMENT

(1.) The plaintiffs in OS.No.104/1998 on the file of the Munsiff Court, Pala are the appellants herein. The suit is one filed by the plaintiffs for declaration of title of the first plaintiff over the plaint schedule property and possession over the same and prohibitory injunction restraining the defendant from alienating the property or interfering with the peaceful possession and enjoyment of the property by the plaintiffs with following allegations:

(2.) The defendant is residing in Kollam district. She used to visit plaintiffs once in two or three years. During January 1998, the first plaintiff requested the defendant to transfer her nominal right in the property to the first plaintiff, but she demanded Rs.15,000/- as consideration for which the first plaintiff was not amenable. The right if any of the defendant has been lost on account of adverse possession and limitation and so she is entitled to get declaration of her right, ownership and possession over the plaint schedule property and also for prohibitory injunction restraining the defendant from trespassing into the plaint schedule property or committing any act of waste. Hence the suit.

(3.) The defendant entered appearance and filed written statement contending as follows: