JUDGMENT

This appeal has been filed against the judgment and decree in A.S.No.28/2010 on the files of District Court, Alappuzha, which arose out of the judgment and decree in O.S.No.142/2004 on the files of Additional Munsiff's Court, Alappuzha.

2. Appellants herein are the defendants. Respondent herein is the plaintiff. (The parties would hereinafter be referred as per their status before the trial court). The suit is one for fixation of boundary, declaration of title, recovery of possession and permanent prohibitory injunction.

3. The plaint schedule item Nos.1 and 3 properties originally belonged to late Kesavan - the father of the plaintiff and deceased Balakrishnan and Chellappan. Chellappan is the predecessor of the defendants. Father - Kesavan executed a Settlement Deed in the year 1978 and gifted plaint item Nos.1 & 3 along with other properties among other sons. Plaint item No.1 was allotted to the plaintiff and plaint item No.3 was given to Chellappan, who is the husband of the first defendant and father of defendants 2 and 3.

4. There was a fencing separating plaint item Nos.1 & 3 properties. It is alleged that on 03.02.2004 defendants demolished that boundary fence and tr