JAYAKUMAR Vs. VARKEY

JUDGEMENT

(1.) The defendants in OS.No.27/2000 on the file of the Munsiff Court, Thodupuzha are the appellants herein. The suit was filed by the plaintiff, who is the respondent herein for injunction restraining the defendants from trespassing into the plaint schedule property and doing anything interfering with the peaceful possession and enjoyment of the plaint schedule property of the plaintiff. It is alleged in the plaint that the respondent herein is the owner in possession of 12 cents and its virivu comprised in Sy.Nos.1367/1/1, 1367/2/2 and 1394/1/12 of Karikkodu village as per Sale Deed No.3132/1977 of Karikkodu Sub Registry. It is surrounded by well defined boundaries on all sides. He is in possession and enjoyment of the same. The defendants are the neighbours. The 1 st defendant was the President of Edavatty Sri Krishna Swami Kshethra Punarudharana Samithy which was formed for renovating the temple and defendants 2 to 6 were its members. There was an old shop room in the plaint schedule property. When that was demolished, the defendants approached him to provide some land for permitting them to construct a coffer (bhandaram) for the temple and that was declined by him. On account of that enmity, on 20.1.2000 under the leadership of the defendants, 50 persons tried to trespass into the plaint schedule property and attempted to construct a coffer on the eastern side of the property. The plaintiff made a complaint to the police and due to the intervention of the police, their attempt was thwarted and a case was registered as Crime No.35/2000 against the defendants and others. Apprehending further trespass, the plaintiff filed the above suit for injunction.

(2.) The appellants, who are defendants in the suit, entered appearance and filed written statement denying the allegation of existence of the Samithy as alleged in the plaint or their involvement in the activities of the aforesaid Samithy. According to them, within the boundary shown in the plaint schedule, about 25 cents of land is available, of which 11 cents of land belongs to Edavatty Sri Krishna Swami temple and they are in possession of the same under Kidangoor Devaswom. They constructed a coffer only in the property where the temple had possession. There is also a stage in the property for the purpose of conducting various programmes during the festival and this land is used for conducting fire works and games as well. The temple procession starts from the property and the elephants of the temple are chained under the coconut tree in the property. The allegation that the defendants approached the plaintiff seeking permission to put up a coffer was denied by them. On the other hand, the suit was filed after demolition of the coffer belonged to the temple and another crime was registered as Crime No.41/2000 in respect of that incident against the plaintiff and his men. They have no intention to trespass into the property belonged to the plaintiff and the allegation that the plaintiff is possession of 12 cents and its virivu is not correct. He was in possession of only 12 cents of land covered by a sale deed. The suit is bad for non joinder of necessary parties for non impleadment of the temple and its authorities. They prayed for dismissal of the suit.

(3.) On the basis of the pleadings, the following issues are framed by the Court below: