JUDGMENT

A.M.KHANWILKAR, J.

1. This is third round of proceedings between the parties in relation to property bearing Survey No.2063 at Anchamada Village, Thiruvananthapuram, admeasuring around 79 cents. The father of Respondent No.1 was the owner, who, during his life-time sold 20 cents of the said land to a third party. The remaining 59 cents were purportedly given by the father of Respondent No.1 to him and his brother Achuthan Nair by a registered Will. The present proceedings pertain to the said 59 cents of land bearing Survey No.2063 (for short “suit property”). The Appellants are in occupation of the neighbouring property bearing Survey No.2061 and have constructed a building thereon.

2. Respondent No.1 had filed a suit before the Munsiff Court in the year 1975 being O.S. No.1004 of 1975 against the predecessor of the Appellants in respect of the suit property. That suit, however, was dismissed on 11.11.1977 against which Respondent No.1 preferred an appeal before the District Court but was unsuccessful due to dismissal of the appeal on 29.02.1980. In the intervening period, the predecessor of the Appellants filed a suit for injunction against Respondent No.1 in respect of t