JUDGMENT

The plaintiff in a suit for declaration of title and recovery of possession of the plaint schedule property having an extent of 35 cents, having lost before the trial court and the first appellate court has preferred this appeal. Parties are referred to as per their status in the trial court. The case of the plaintiff is that an extent of 35 cents in Sy.No.2245/39 of Peringamala Village originally belonged to his father. On the death of his father, the plaint schedule property along with other properties devolved on his mother, the plaintiff, and his two siblings as per release deed No.3344/82. The 3/4th right of the mother and the other siblings were released in favour of the plaintiff and the plaintiff became entitled to a total extent of 55 cents. An extent of 20 cents was sold and the remaining property has been scheduled in the plaint. The defendants are neighbouring owners. When the defendants attempted to trespass into the plaint schedule property, the plaintiff had filed O.S.No.333 of 1984 praying for a decree of permanent injunction restraining the defendants from trespassing into the plaint schedule property and constructing structures therein. The suit was decre