The main legal point established in the judgment is the misreading of evidence and failure to appreciate it correctly by the lower appellate court, leading to the restoration of the trial court's judgment and decree.

Challenging the judgment and decree passed by the 3rd Additional District Court, Kozhikode in Appeal Suits No.59/2010 and 79/2010, the defendant in O.S.No.127/2007 of the Principal Munsiff's Court-I, Kozhikode has come up with this second appeal.

2. Originally, O.S.No.127/2007 was filed by the present appellant as plaintiff seeking a decree of perpetual injunction restraining the defendants and their men from trespassing into the plaint schedule property, from causing any obstruction to the plaintiff in making any construction in the plaint schedule property, and from committing waste and damage to the plaint schedule property. Defendants 1 to 5 in the suit were impleaded as persons who were attempting to interfere with the user of the plaintiff over plaint schedule item No.1 property by styling themselves as members of the "Puthoor Bhagavathi Khesthrakkula Sarakshna Samithi". The plaintiff has impleaded the 6th defendant, who is the executive trustee of Puthoor Sree Durga Temple, Puthiyangadi, as a formal party even though there was no attempts from the part of the 6th defendant to obstruct the user of the plaintiff over plaint schedule item No.1 property.

3. According to the plaintiff, plaint item Nos.1 to 9 properties are vested with the plaintiff through various documents. The last document is Ext.A1 dated 20.02.2004 in respect of one cent of property in Sy.No.24/1A of the Elathur Village, which is the plaint schedule item No.1 property. Plaint schedule item Nos.2 and 3 properties were acquired by him in the year 1994, plaint item Nos.4 to 7 were acquired in the year 2006, plaint item No.8 was acquired in the year 1999, and plaint item No.9 was acquired in the year 2000. Plaint shedule items 1 to 9 are lying contiguously.

4. According to the plaintiff, the direct access to the plaint schedule properties from Kannur - Kozhikode National High Way to plaint schedule items 4 to 9, is through plaint schedule items 1 to 3. Plaint schedule item No.1 property was purchased by the plaintiff for the purpose of constructing road and to take vehicles to the remaining portions of the plaint schedule properties. The property at the southern side of plaint schedule item Nos.1 and 2 and at the eastern side of plaint schedule item No.3 is the pond of Puthoor Sree Durga Temple. According to the plaintiff, there is clear demarcating boundary between the pond and the plaint schedule properties. When the plaintiff started constructions in the plaint schedule property, defendants 1 to 5 had obstructed the construction by raising boundary dispute with regard to the plaint schedule item No.1 property. On account of the intervention of the mediators, the parties wanted to have a measurement of the property to be done by the Taluk Surveyor. Consequently, an application was filed, and the survey was conducted based on the records of the temple property, all the title deeds of the properties, and the survey records. On a fixation of the boundary by the Taluk Surveyor, it came out that plaint schedule item Nos.1 to 9 belong to the plaintiff. Thereafter, again obstructions were forwarded by defendants 1 to 5 and consequently the suit was filed.

5. Defendants 1 to 5 filed a joint written statement contending inter alia as follows: The averment in the plaint that plaint schedule item No.1 property was originally the property of Velayudhan is denied. According to defendants 1 to 5, there was an elephant ghat [Anakadavu] situated at the north eastern corner of the temple pond, for elephants and other animals and birds to have access to the pond from the National High Way. 'Anakadavu' was constructed for enabling those animals to gain access from the road to the pond. According to defendants 1 to 5, the plaintiff could have access to his property through another road. After acquiring plaint schedule item Nos.2 and 3, the plaintiff wanted to have a short cut to gain entry into his property from the National High Way, for which he had sought for permiss