ABDUL AZIZ Vs. RUKKIYATH

JUDGEMENT

(1.) The plaintiff is in second appeal since his suit and appeal met dismissal.

(2.) The case of the plaintiff is summarised below : He owns and he is in possession of the plaint A schedule property. He and his father purchased it together in 1962 under Ext A1 sale deed. He became the absolute owner of it on the death of his father. The property on the north of the A schedule property is the B schedule property which was the property of the first defendant. After his death, it devolved upon defendants 2 to 5. Taking advantage of a mistake crept in the survey records at the time of re-survey, the first defendant encroached into the A schedule property.

(3.) The plaintiff sought to declare his title to the A schedule property. He sought recovery of it from the defendants. Another relief sought for was to fix the boundary between the A and B schedule properties. Injunction was sought to restrain further encroachment into the A schedule property.