JUDGMENT :

This Regular Second Appeal arises from the judgment and decree dated 28.11.2001 in O.S.No.438 of 1990 passed by the Additional Munsiff’s Court, Kasaragod. The Subordinate Judge’s Court, Kasaragod confirmed the judgment and decree of the Munsiff's Court in A.S.No.15 of 2002. The plaintiff who lost the case in the courts below is the appellant.

2. Material facts relevant for the adjudication of this appeal are narrated below:-

2.1. The plaint ‘A’ schedule property was assigned by the Government in favour of Maruvala Thirumaleshwara Bhat. According to the plaintiff, this was the self-acquired property of Sri.Thirumaleshwara Bhat who died in 1980. After his death, the plaint ‘A’ schedule property devolved upon the plaintiff, his mother, two sisters and two brothers. The plaintiff is one of the co-owners of the plaint ‘A’ schedule property. The defendants have no right, title, or interest over the plaint ‘A’ schedule property. The father of the plaintiff permitted to run a branch post office in a portion of the building in the ‘A’ schedule property. He constructed a building on the property. In 1984, the defendants trespassed upon the plaint ‘A’ schedule property and occupied th