JANAKI, KOTTASSERIL Vs. MATHEW VARGHESE, KANDANTHINKARA HOUSE

JUDGEMENT

(1.) The plaintiffs in the suit are the appellants.

(2.) The plaintiffs are the wife and children of one Narayanan. The plaint A schedule property belonged to Narayanan. Narayanan obtained plaint A schedule property in terms of Ext.A1 sale deed. The case of the plaintiffs is that plaint A schedule property measuring 30 cents, of which plaint B schedule property measuring 2 cents is a part, devolved on the plaintiffs on the death of Narayanan and the defendants have trespassed into plaint B schedule property asserting independent title therein. The plaintiffs on the aforesaid facts prayed for a decree for recovery of possession of plaint B schedule property from the defendants and for injunction restraining the defendants from trespassing into plaint A schedule property and also from altering the lie and nature of plaint B schedule property.

(3.) The defendants resisted the suit by filing a written statement. The stand taken by them in the written statement is that plaint B schedule property is not part of plaint A schedule property covered by Ext.A1 sale deed. According to them, plaint B schedule property is a Government puramboke which they got from one James Kalappurackal.