JUDGMENT :

The judgment dated 19.10.2004 passed by the District Court, Pathanamthitta in A.S.No.75 of 1998 is under challenge in this Regular Second Appeal. The Appeal Suit arose from the judgment and decree passed by the Munsiff’s Court, Adoor in O.S.No.190 of 1994. The appellant herein is the defendant.

2. The Original Suit was filed for recovery of possession, fixation of boundary and injunction.

3. The plaintiff and defendant are siblings. The plaintiff obtained the plaint ‘A’ schedule property measuring 11 cents under Ext.A1 sale deed of 1972. The plaintiff obtained the plaint ‘B’ schedule property measuring 53 cents under Ext.A2 settlement deed of 1984. The defendant also acquired 29 cents of property under Ext.A2 settlement deed executed by the father of the parties.

4. The plaintiff had been in possession and enjoyment of the entire plaint schedule properties. He had been working in Rajasthan.

Taking advantage of the fact that the plaintiff was not in station, the defendant trespassed upon a portion of plaint ‘B’ schedule property and constructed a building. The plaintiff intervened with the assistance of some relatives and the properties were measured by the Taluk Surveyor and