RAJENDRAN PILLAI Vs. SETHUNATHA SARMA

JUDGEMENT

(1.) The defendants 1 and 3 together and the 2 nd defendant have filed separate appeals challenging an order of remand passed by the Court of Additional District Judge -V, Kollam in A.S No.329 of 2010. Suit filed by the contesting respondent for fixation of boundary, declaration of title and recovery of possession was dismissed by the trial court against which the appeal was preferred.

(2.) Heard the learned counsel for the appellants and the contesting respondent/plaintiff.

(3.) Plaint schedule property having an extent of 35 cents belonged to the plaintiff. According to the plaint averments, on the eastern side of the property, there lies a road and on the northern side, the property belonging to the second defendant. On the western side of the plaint schedule property, the land belonging to the third defendant is situate. The property of the defendants were paddy fields and during pendancy of the suit, they reclaimed the property by planting coconut saplings. It is the allegation that when the suit was dismissed on 23-12-2005, the defendants trespassed upon 11.75 cents of property on the northern and eastern side of the plaint schedule property and took forcible possession. It is further contended that there was a boundary separating the plaint schedule property from that of the property of the defendants. Since they obliterated the boundary, fixation of boundary has also become necessary.