LAWS(KER)-2018-1-634

PAULSON ALIAS GEORGEKUTTY Vs. HARRISONS MALAYALAM LTD.

Decided On January 08, 2018
Paulson Alias Georgekutty Appellant
V/S
HARRISONS MALAYALAM LTD. Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellant and respondent.

(2.) Appellant is the defendant in a suit for recovery of possession of plaint B schedule property said to be belonging to the respondent. Respondent is a public limited company. According to the respondent, plaint B schedule property is part and parcel of a larger extent of property having an extent of 282.86 acres in Survey No. 188/3A1 of Kottappady Village in Vythiri Taluk. The appellant had trespassed upon the property and therefore liable to be evicted on the strength of the respondent's title.

(3.) The appellant resisted the suit by filing a written statement. It is contended in the written statement that the plaint B schedule property does not belong to the respondent as their title has been lost by adverse possession and limitation. In order to substantiate the rival contentions, one witness was examined on the side of the plaintiff/respondent and four witnesses on the side of the defendants. Exts.A1 to A3 and B1 to B7 are the documents produced and Exts.C1 to C3 are the Commissioner's plan and report. Exts.X1 and X2 are the third party exhibits.