JUDGMENT :

K. BABU, J.

1. This regular second appeal is directed against the judgment dated 03.12.2002 in A.S. No. 70 of 1999 passed by the Subordinate Judge's Court, Thalassery. The appeal suit arose from O.S. No. 623 of 1996 on the file of the Munsiff’s Court, Kannur.

2. The appellants are the defendants in the suit. The respondents are the plaintiffs.

3. The plaintiffs instituted the original suit for a permanent prohibitory injunction and declaration in respect of the plaint schedule property. The trial court dismissed the suit.

4. The plaintiffs challenged the decree and judgment before the first appellate court (Subordinate Judge's Court, Thalassery). The first appellate court allowed the appeal and decreed the suit, declaring the title and possession of plaintiff No. 1 over the plaint schedule property and granting a consequential injunction in his favour.

Pleadings

5. Plaintiffs pleaded the following:

Plaintiff No. 2 and defendant No. 1 are the grandson and daughter respectively of one late Kunhimatha. She had owned the plaint schedule property which is 21.25 cents of land and a building therein. Kunhimatha gifted out the dwelling house and 17 cents of land to her daughter Radha, d