S SANNA Vs. B HARJIE

JUDGEMENT

(1.) The Plaintiffs, who lost their case before both the courts below, has filed this Second Appeal.

(2.) The case of the Plaintiffs, as set out in the plaint, is as follows:-

(3.) The case of the Defendants, as set out in the Written Statement, is as follows:- a. Out of 40 cents, only 42 1/2 cents is available and the Defendants are in possession and enjoyment of the same. The suit property was purchased by the father of the Defendants late G.Belli Gowder under Document No.38/1934 and till his death, he was in possession and enjoyment of the same. On 23.6.1994, the father of the Defendants and one Kuttananjan sold 1.50 acres of land out of 7.67 acres and out of the said 1.50 acres, 75 cents belonged to the father of the Defendants and 75 cents belonged to Kuttan Nanajan. The said 1.50 acres was sold to Madhan, Bellie, D.Madhan under Document No.666/49. The grand father of the Defendants was in possession of remaining 52.5 cents, which is the suit property. After the demise of G.Bellie Gowder, the Defendants and the heirs of G.Bellie Gowder are in possession and enjoyment of the same. The boundaries of the suit property shows that the Plaintiffs are not in possession and enjoyment of the suit property. The boundaries of the suit property given by the Plaintiff are not correct. The Kadanadu-Odayaratti Road is running through the suit property. The father of the Plaintiffs had gifted 10 cents of land in the suit survey number to the Kadanadu Panchayat by document dated 7.7.1949 to lay road, which runs through 50 cents dividing into two parts 10 cents and 32 1/2 each. There is no cause of action and the suit is not maintainable in law and the same is liable to be dismissed.