JUDGMENT

These two appeals arise from the common judgment dated

31.3.2014 in A.S.Nos.96 & 168 of 2013 on the file of the Additional District Court-II, Thiruvananthapuram. The appeal suits arose from the judgment of the Additional Munsiff’s Court (RCC), Thiruvananthapuram in O.S.No.110 of 2009 by which the learned Munsiff dismissed the suit as well as the counterclaim preferred by the defendant.

2. The plaintiff is the appellant. The sole defendant is the brother-in-law of the plaintiff. The plaintiff is residing with his family in the plaint schedule building.

3. The plaintiff pleaded that for the purpose of his business, the defendant had borrowed a sum of Rs.30,000/- as instalments during the early seventies. Though the plaintiff repeatedly demanded repayment of the amount, the defendant failed to return the amount. Thereupon, the plaintiff openly started residing in the building hostile to the title of the defendant from 13.12.1975 onwards. Since then, the plaintiff has been holding continuous and peaceful possession of the plaint schedule property without interruption from the defendant. On 8.6.1983, the defendant caused to send a lawyer’s notice seeking eviction of the plaintiff