JUDGMENT :

N. ANIL KUMAR, J.

1. The present second appeal has been filed challenging the judgment and decree in A.S. No. 164/2018 dated 25.9.2020 on the file of the Court of the Subordinate Judge, Irinjalakuda, (hereinafter referred to as ‘the first appellate court’] which affirmed the judgment and decree of the Principal Munsiff's Court, Irnjalakuda (hereinafter referred to as ‘the trial court’] in O.S. No. 1817/2015 dated 8.8.2018 dismissing the suit for cancellation of Ext.B1 sale-deed No. 2899/2013 of the Sub Registrar's Office, Nellayi and for consequential permanent prohibitory injunction restraining the respondent/ defendant from trespassing into or committing waste in the plaint schedule property.

2. The subject matter of the present appeal pertains to the plaint schedule property by virtue of Ext.A1 (Ext.B1) sale-deed No. 2899/2013 of the S.R.O. Nellayi admeasuring appropriately 40 cents of property and a building therein comprised in Sy. Nos. 1491/18 and 1469/1 situated in Nenmanikkara Village in Mukundapuram Taluk. The parties will be referred to in the rank assigned to them in the suit for the purpose of convenience and clarity.

3. The facts emerging from the records of the