JUDGMENT

This Regular Second Appeal has been directed against the judgment and decree in A.S.No.94/2018 on the file of District Court, Alappuzha which arise out of the judgment and decree in O.S.No.32/2013 on the file of Additional Munsiff's Court, Alappuzha.

2. Appellant is the sole defendant and respondent is the plaintiff. (The parties would hereinafter be referred as per their status before the trial court).

3. The suit was one for declaration and permanent prohibitory injunction. Plaintiff is the absolute owner of plaint schedule item No.1 property which includes garden land and pond. He obtained the same by virtue of Ext.A1 sale deed. On the southern side of the plaint schedule property there is panchayat gravel road and defendant is having 9.75 cents of property on the south of the said road. The plaint schedule property is having an extent of 29.250 cents and during resurvey the extent of property was reduced to 25.3 cents and the defendant's property was increased to 16.3 cents. But plaintiff continues to be in possession of his 29.250 cents. The Complaints filed before the resurvey authorities are in vain. The pond has been wrongfully included in the defendant's property as