ELISA Vs. VICTOR

JUDGEMENT

(1.) The plaintiffs are the appellants herein.

(2.) The plaintiffs filed O.S. No. 359 of 1992, before the Principal District Munsif Court, Padmanabhapuram, for demarcation of boundaries and permanent injunction. The suit was partly decreed by the trial Court for the relief of permanent injunction, but, the prayer for demarcation of boundaries was rejected. As against the same, the plaintiffs filed A.S. No. 53 of 1999 before the Sub Court, Padmanabhapuram. The learned Subordinate Judge concurred with the findings of the trial Court and dismissed the first appeal. As against the same, the present Second Appeal has been filed by the plaintiffs.

(3.) The plaintiffs have contended that the total extent of old Survey No. 6283 of Kothanalloor Village is 114 acres and 69 cents. Out of these extent, the father of the plaintiff has purchased 2 acres on the North-East portion and he has also taken possession of the same. Out of the said properties, the plaintiffs father has gifted Westernmost 65 cents to the second plaintiff and sold the remaining portion to the defendants 3 to 7 and their predecessors prior to the year 1977. The plaintiffs father contended that out of the 65 cents gifted to the second plaintiff, the second plaintiff has sold 50 cents to the 8th defendant. That apart, the second plaintiff has purchased one acre of property on 28/2/1975 which is located West of the property purchased by his father. Hence, according to the second plaintiff, he has got title and possession of the same.