Property boundaries take precedence in disputes; lack of definitive ownership leads to the requirement of clearer pleadings and proofs for an injunction.

JUDGMENT

Plaintiff in O.S.420/1991 on the file of the Additional Munsiff Court-II, Kozhikode is the appellant herein. The suit was one filed by the plaintiff for permanent prohibitory injunction restraining the defendants and their men from trespassing into the plaint schedule property and interfering with the plaintiff's peaceful possession and enjoyment of the same by constructing a compound wall on the boundary of the plaint schedule property. It is alleged in the plaint that the plaint schedule property originally belonged to one Idavalakandiyil Unneri Nair. Late Padmavathiyamma, the mother of the plaintiff purchased the property from the above said Unneri Nair as per registered document of the year 1979 and thereafter she has been in possession and enjoyment of the same. After the death of the said Padmavathiyamma, her right in the property devolved on the plaintiff and his sisters, Sathyabhama Amma, Sobhanakumari and Shylaja and they were in joint possession of the same. On 18.04.1986, the sisters of the plaintiff executed a registered release deed in respect of their share in the plaint schedule property in favour of the plaintiff on receiving consideration and thereafter he has been in possession and S.A. No.684 of 1998 2 enjoyment of the plaint schedule property. After purchasing said property, the plaintiff had made several improvements in it. He had also decided to protect the property by constructing a compound wall arround it. On 31.05.1991, the plaintiff attempted to construct a compound wall on the southern side of the property, but it was objected by the defendants. The defendants has no manner of right to prevent the plaintiff from constructing a compound wall. The defendants are having property on the southern side of the plaint schedule property. There is a well defined boundary separating the property of the plaintiff and the defendants. If the compound wall is not constructed, it would be difficult to protect the property of the plaintiff. So the plaitnfif had no other remedy, except to approach the court for permanent prohibitory injunction as prayed for. Hence the suit.

2. Defendants filed written statement contending as follows:

The property having an extent of 70 cents comprised in R.S.

No.75/1 of Nellithodu village, of which plaint schedule property is a part originally belonged to Ramankutty Nair, the father of the defendants and under the said Ramankutty Nair, the property was in the possession of Idavalakandiyil Unneri Nair as mumbattavakasam. While so, he surrendered possession of the property to Ramankutty Nair as per release deed dated 02.12.1964, but on the same day, from S.A. No.684 of 1998 3 the northern side of the entire property, 17½ cents of the land was re- transfered to the said Unneri Nair by the said Ramankutty Nair as per mumbatta kaichit. Thereafter first defendant got right over the remaining 52½ cents of land in R.S.No.75/1 which is the balance of the above said 70 cents after deducting 17½ cents given to Unneri Nair as per will deed executed by his father Ramankutty Nair. The above said 17½ cents of land is the plaint schedule property. The immediate northern side of the plaint schedule property comprised in survey No.75/1 situate the property comprised in resurvey No.77 and this property is known by the name Idakkattuparambathu thazham nilam. Through the eastern and northern boundary of the property comprised in survey No.75/1, there lies a thodu and this thodu also comes within R.S.No.75/1 The area which is occupied by the above said thodu is also a portion comes within the property which the above said Unneri Nair got as per mumbatta kaichit dated 02.12.1964. Plaintiff as well as his predecessor in interest had made several alterations and modifications in the said thodu and now the thodu situate more towards south than in its original position. Actually some portion of the land which now situates in the northern side of the above said thodu also comes within R.S.No.75/1and that p