V. INDIRA DEVI Vs. SUBHADRA DEVI

JUDGEMENT

(1.) The suit was for fixation of boundary, recovery of possession and injunction. The trial court dismissed the suit. The plaintiff filed appeal. The lower appellate court dismissed the appeal. He died. His legal representatives filed the second appeal.

(2.) The case in the plaint is stated briefly as follows : The plaint A schedule property belonged to one Easwaran Namboothiri. He died leaving behind the plaintiff and defendants 2 to 5 as his heirs. The property on the north of the A schedule property is owned by the first defendant. The two properties are separated by a clear boundary. The first defendant on 27.3.2002 trespassed into the A schedule property and cut down a tree therefrom. The B schedule property is a part of the A schedule property.

(3.) The plaintiffs sought for the following reliefs : The northern boundary of the A schedule property should be fixed. The first defendant should be restrained from trespassing into the A schedule property. The plaintiff should be allowed to recover the B schedule property if it is found to be in the possession of the first defendant.