JUDGMENT :

These two Regular Second Appeals arise from the common judgment dated 29.3.2014 in A.S.Nos.102 & 103 of 2011 passed by the Subordinate Judge’s Court, Perumbavoor. The Appeal Suits arose from the common judgment and decree dated 29.7.2011 in O.S.No.32 of 2009 and O.S.No.9 of 2008 passed by the Munsiff’s Court, Kolenchery. The appellant instituted O.S.No.9 of 2008 for damages and mandatory injunction against respondent No.1. The respondents instituted O.S.No.32 of 2009 for declaration of title regarding the plaint schedule properties and for recovery of a portion of the immovable property said to have been encroached upon by the appellant. The respondents also prayed for a permanent prohibitory injunction.

2. Material facts relevant for the adjudication of these appeals are briefly narrated below:-

2.1. The appellant is the absolute owner in possession of 10 cents of land comprised in Survey No.379/9 of Thiruvaniyoor Village. He constructed a house in the plaint schedule property. He resides in the said house. The respondents own properties on the western side of the appellant’s property. On the western side of the appellant’s property, a pathway runs. The respondents are liv