JUDGMENT

Dated this the 4th day of October, 2023 This regular second appeal has been filed under order XLII Rule 1 and 2 read with Section 100 of the Code of Civil Procedure challenging the decree and judgment in A.S. No.41/2020 dated 13.12.2022 on the files of the Court of the 1st Additional District Judge, Kozhikode arising from decree and judgment in O.S. No.751 of 2016 dated 20.12.2019 on the files of the Additional Munsiff Court, Kozhikode-II.

2. The appellant herein is the defendant in O.S.

No.751 of 2016 and the respondent herein is the plaintiff.

3. Heard the learned counsel for the appellant as well as the learned counsel appearing for the respondent on admission.

4. Parties in this appeal shall be referred as “plaintiff” and “defendant” with reference to their status before the trial court.

5. Precisely the plaintiff's case is that, as per Ext.A11 Jenmam Assignment Deed No.1624/2015 of Chalapuram SRO, the defendant herein sold the entire plaint schedule property along with a building therein. According to the plaintiff, thereafter, the defendant trespassed upon the partly completed building, occupied the same and has been possessing the same in continuation of the said illega