P.R. Shivakumar, J.

The unsuccessful plaintiff in the trial Court who also lost the battle in the first appeal before the lower appellate Court has come forward with this second appeal.

2. An extent of 16.18.5 hectares of land comprised in Resurvey No.50/3 in Mancode Village, Kanyakumari District, classified in the resurvey as assessed waste dry land is the subject matter of the dispute. The suit was filed by the erstwhile Vaikundam Rubber Company Limited, Trivandrum represented by its General Manager for a declaration of its title and exclusive possession and enjoyment over the property described in the plaint schedule and for a consequential permanent injunction restraining the respondent/defendant from interfering with or disturbing the peaceful possession and enjoyment of the appellant/plaintiff in respect of the suit property.

3. The plaint averments, in brief, are as follows:

An extent of 1137.85 acres in Kaliel Village absolutely belonged to the appellant/ plaintiff and the same was in exclusive possession and enjoyment of the plaintiff. When Katiel Village was bifurcated and Mancode Village was carved out of a portion of Kaliel Village, the Revenue Authorities included the suit property within the boundaries of the newly created Mancode revenue village and assigned R.S. No.50/3. The entire extent of 16.18.5 hectares comprised in R.S. No.50/3 of Mancode village (newly created) was erroneously classified by the Revenue Authorities as assessed waste dry land belonging to the Government. This was done on the sole ground that the same was included in Mancode Village. The suit property and the adjoining land formed part of one and the same estate and they were originally within the old state of Trivancore. The estate was purchased by one Sir Daniel Hamilton on 6.11.1088 of Malayalam Era (equivalent to 19.6.1913 of the English calendar) who effected improvements by planting rubber, coconut, aracanut, mango, tamarind and other trees. On 17.4.1924, Sir Daniel Hamilton sold the same to one Mr. Thomas Patrick Madden Alexander. From Thomas Paltriok Madden Alexander, Vaikundan Rubber Company Limited, a company incorporated in Ceylon purchased the said property on 5.9.1103 of Malayalam era (equivalent to 17.4.1928 of English calendar). When the Ceylon company was liquidated, the entire properties of the said company were transferred to Vaikundam Rubber Company Limited, Trivandrum, the original plaintiff, by virtue of a registered deed dated 21.3.1122 of Malayalam Era (equivalent to 7.11.1946 of English calendar). The total extent of land thus conveyed to the original plaintiff, namely Vaikundam Rubber Company Limited in Kaliel Village was 1312.11 acres. Out of the said extent, the Government acquired an extent of 175.27 acres for Chittar Pattanamkal Scheme and the balance area of 1137.85 acres in Kaliel Village continued to be in the possession and enjoyment of the plaintiff. As per the land records of old Travancore State, only an extent of 22 cents in S. No.1398/14 had been classified as assessed waste dry land. Subsequently, the old revenue village Kaliel was bifurcated and Mancode revenue Village was carved out of a portion of the area which was originally with Kaliel Village. During the village bifurcation, without issuing notice to the plaintiff, the Revenue Authorities wrongly classified the suit property as assessed waste dry land for the simple reason the said property came within the newly formed Mancode village. The remaining portion of the estate lying within Kaliel Village and the suit property included within Mancode village are consecutive and they form part of one and the same estate. The entire extent including the suit property was in continuous possession and enjoyment of the plaintiff for more than 80 years. Rubber plantations were made in the plaint schedule property 49 years prior to the filing of the suit. As the said rubber plants became old, requiring replacement by new plants, the plaintiff on