M.L. JOSEPH FRANCIS, J.

1. Appellant herein is the plaintiff in OS No. 375 of 1990 on the file of the Munsiffs Court, Muvattupuzha and appellant in AS No. 10 of 1996 of Subordinate Judge's Court, Muvattupuzha. Respondents herein are the defendants in the said original suit and the respondents in the first appeal.

2. The original suit was filed for declaration of title and for recovery of possession of plaint schedule properties.

3. Plaint averments in short are as follows. The plaintiff and the first defendant are sisters and they are parties to the family partition deed No. 2643/1959. As per that partition deed, plaintiff obtained 53 cents of property described in 'K' schedule. The first defendant obtained property in I schedule. The said 53 cents of property consists of 30 cents in Sy. No. 158/8-C and 23 cents in Sy. No. 158/10A which are lying contiguously. The former item of property is lying on the western side of the latter. On 27/12/1988, the first defendant and her men cut open a new pathway through the 53 cents of property belonging to the plaintiff by trespassing therein. A portion of the said 53 cents of property is lying on the northern side of the pathway. The p