JUDGMENT :

This Regular Second Appeal has been directed against the judgment and decree in A.S.No.56/2012 on the file of I Additional District Judge, Ernakulam which arise out of the judgment and decree of O.S.No.74/2008 on the file of Sub Court, Kochi.

2. Defendants 1 to 3 are the appellants. (Parties will be referred as per their status before the trial court). The suit was one for recovery of possession of plaint B schedule property, damages for use and occupation and also perpetual injunction. Original plaintiff died pending the proceedings and his legal heirs were impleaded as additional plaintiffs 2 and 3. It is alleged that an extent of 7 cents of property in Sy.No.209/2 in Fort Kochi Village and house therein with their amenities is in the possession and enjoyment of the first plaintiff for the last fifty years as per gift deed No.447/1956 of Kochi S.R.O and the property is scheduled as A schedule property. First plaintiff reduced the appurtenant land in A schedule property by occupying the house in the year 1956 and renewed the house providing septic tank, latrine and other amenities and the plaintiffs are living along with the husband of 3rd plaintiff in the house. The prop