KARUTHAPARAMBA-MYSORE MALA ROAD VIKASANA SAMITHI Vs. IMBICHIMOYI S/O PARATHARIPPAYIL AYAMMADKUTTY MUSALIYAR

JUDGEMENT

(1.) Heard the learned senior counsel appearing for the appellants.

(2.) Appellants are the defendants 1 to 9 in O.S.No.88 of 1994 on the file of the Court of Subordinate Judge, Kozhikode. Plaintiff is the contesting respondent. The suit is one for a mandatory injunction to restore plaint B schedule property to the possession of the plaintiff and for damages to a tune of rupees one lakh for severing plaint B schedule property from plaint A schedule property and also for cutting and removing the trees standing thereon. A permanent prohibitory injunction is also claimed to restrain the defendants and their men from trespassing into the plaint B schedule property since its restoration.

(3.) Item No.1 of plaint A schedule originally belonged in jenm to Rangasesha Hills Pvt. Ltd. It was taken on an oral entrustment by the plaintiff. In 1965, a kachit was executed and ever since then, he is in possession of the property. Item No.2 of plaint A schedule property was taken on lease by the plaintiff's brother from the aforementioned jenmi and later, he also executed a kachit. Plaintiff purchased item No.2 from his brother as per a registered document of the year 1967. As such, the plaintiff is having possession of the plaint schedule property and he purchased jenm right as per Exts.A2 and A3 through the Land Tribunal concerned. He is paying the basic tax. Ext.A4 series are the revenue tax receipts.