Mohamed Shafi, J.

The plaintiff in O.S. No. 284/82 on the file of the Munsiffs Court, Kasaragod whose prayer for declaration of title and permanent prohibitory injunction in respect of plaint A schedule properties is rejected by the trial Court as well as the first appellate Court, is the appellant herein. Though the plaint A schedule properties consisted of four items, since in the written statement the respondent-defendant stated that he has no dispute with regard to items 2 to 4 of the plaint A schedule properties and confined his contention with regard to item No.1 of an extent of 42 cents comprised in R.S. No. 201/3 of Enmakaje Village, the parties are in issue only with regard to that item one of the plaint schedule properties. Though the appellant contended that the plaint A schedule properties form part and parcel of R.S. No. 201/2 which was obtained by him on dark hast from the Government, subsequently it is admitted by both sides that the disputed property is Government land. That item alone is the subject matter in this appeal.

2. According to the appellant the properties in the possession of the appellant and the respondent are separated by a compound wall and