XAVIER THOMAS Vs. K.P. JOHNSON

JUDGEMENT

(1.) A suit for injunction in O.S.No.578/1998 of Sub Court, Thrissur ended in dismissal. It was taken up in appeal wherein the First Appellate Court reversed the finding of the Trial Court and decreed the suit granting injunction against trespass and causing obstruction to the peaceful possession of the plaint schedule property. Aggrieved by the said reversal by the First Appellate Court, the 2nd defendant came up with this appeal.

(2.) The subject matter of the suit comes to 5 acres and 2 cents. Before its amendment, 4 cents takes in from Re-Survey No.1272/1, 2 acres 85 cents from 1272/2, 1 acre 63 acres from 1277/1 and 49 1/2 cents from 1277/2. An application was filed to amend the plaint schedule description so as to suit with the extent in various survey numbers reported by the Commissioner on measurement. But it was not allowed. The property comprised in old Survey No.539 is having a large extent of more than 600 acres, which were divided into more than 124 plots in various re-survey numbers. Based on which it was argued by appellant that the property claimed by the plaintiff is unidentifiable and the decree passed by the First Appellate Court is liable to be set aside.

(3.) Inter alia another contention was also raised that the plaintiff has acquired possession from one Bukhari based on an unregistered agreement. At that time, he was only a minor and for and on behalf of him, his father took possession in the year 1981 and after attaining majority, he is possessing the property and enjoying the same. The right and possession obtained by Bukhari is also under challenge.