JUDGMENT

R.S.A.Nos.40 of 2007 and 1122 of 2006 have been filed against the judgment and decree in O.S.No.654 of 1989 on the file of Munsiff's Court, Neyyattinkara. R.S.A.No.262 of 2007, 1172 of 2006 and 35 of 2007 arose out of the judgment and decree in O.S.No.361 of 1992 on the file of Munsiff's Court, Neyyattinkara.

2. O.S.Nos.654 of 1989 and 361 of 1992 have been tried jointly and a common judgment was passed. O.S.No.654/1989 was taken as the leading case and evidence was adduced in it. O.S.No.654 of 1989 has been filed for declaration and permanent prohibitory injunction and subsequently amended including a prayer for fixation of boundary also.

3. Plaintiff in O.S.No.654/1989 is Viswanathan Nadar, S/o.Kochukunjan Nadar. Plaint A and B schedule properties originally belonged to father, Kochukunjan Nadar, of the plaintiff and defendants. Kochukunjan Nadar gave permission to the plaintiff to put up a building in plaint A schedule property which is having an extent of 11 cents out of total 68 cents of property belonging to him. On the basis of the permission given by the father, he completed the construction in plaint A schedule and started residence therein. First defendant was also