(1.) THIS second appeal arises out of concurrent findings of Courts below decreeing plaintiff's suit for declaration and permanent injunction in respect of first item of suit property. As against dismissal of suit for recovery of possession in respect of suit property second item, plaintiff has preferred cross -objection.
(2.) SUIT property relates to two items. First item 8 -5/8 cent in Survey No.271 Sernthamaram and 1 -1/8 cents in the same Survey No.271 with specific boundaries. Plaintiff is Kallamuli Oor Roman Catholic Mission represented by its Parish Priest. Case of plaintiff is that suit property originally belonged to Narayana Nadar Vagayara. The said Narayana Nadar and others had gifted the property to plaintiff under Ex.A.1 Gift deed dated 29.12.1976 for the purpose of construction of Church. When plaintiff had taken steps for construction of Church, defendants had prevented the same. Alleging that defendants are unlawfully interfering with plaintiff's possession and enjoyment, plaintiff has filed suit for declaration and permanent injunction regarding first item and recovery of possession regarding second item of suit property.
(3.) DEFENDANTS resisted the suit contending that Narayana Nadar had no right over suit property. According to defendants suit second item belongs to first defendant Karuppasamy Nadar and in the second item he has constructed a house bearing Door No.7/70 which is in existence for a long time. First defendant has also obtained service connection for his house and he is running a Cycle shop in second item and he has perfected his title to second item of suit property by adverse possession. In the first schedule property there is a street with a width of 15 ft. and plaintiff is attempting to put up construction blocking pathway and hence plaintiff is not entitled to the relief sought for.