M.MADHAVAN NAIR
Achuthan Unni – Appellant
Versus
Vally – Respondent
1. The pieces of land bearing Survey Numbers 391/7,3918 and 391/9 of Parur Village belong to and are in the possession of the plaintiff. At the south of them is S. No. 391/6 belonging to the defendants and in their joint possession; and at the west is S.391/10 which the defendants hold as tenants of Desiyogam Madhom. Plaintiff complains that the fence at the boundary between his land and that in the defendants possession has been shifted a little into the plaintiff's property and thereby an encroachment has been committed by the defendants which over the entire length of the boundary at the west and the south, amounted to about 11/2 cents in the aggregate. This suit is to remove the encroachment with consequential reliefs. The defendants denied the trespass and claimed, if the suit property be found to be encroachment, the plaintiff has lost tittle thereto by their adverse possession. The Munsiff held:
"Granting that the title deeds of the plaintiff and Exts. A and Al prove his title, the further hurdle of proof of possession within 12 years preceding the suit remains to be crossed. That is not done",
and therefore dismissed the suit. The Subordinate Judge affirmed the sa
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