JUDGMENT :

Easwaran S., J.

The defendants in a suit for injunction concurrently non-suited by the Principal Munsiff Court, Alappuzha, in O.S.No.299/2013 as well as by the Addl. District Court-II, Alappuzha, in A.S.No.45/2018, have come up in the present appeal.

2. The brief facts necessary for the disposal of the appeal are as follows :

2.1. The respondent herein/plaintiff obtained 3 acres and 7 cents in Survey No.698/2A, 698/2B, 698/2C, 698/2D, 698/2F, 695/3 and 695/2 of Pazhaveedu Village, Ambalappuzha Taluk as per partition deed dated 21.08.1969. In addition to this, it is claimed that he also derived right, title and interest over 10 cents of land in Survey No.698/2A. The devolution of the title is traced to a sales certificate issued by the District Court, Alappuzha in O.S.No.1/1098 in the year 1065 ME. It is further contended that the defendants, with the intention to trespass on the property and encroach upon it, threatened the plaintiff that if the plaintiff obstructs their attempt to demarcate the property through the village officials, they will be forced to trespass onto the property.

2.2. The defendants resisted the suit contending that the property owned and possessed by th