JUDGMENT

This appeal has been directed against the judgment and decree in A.S.No.80/2003 on the file of Subordinate Judge's Court, Neyyattinkara which in turn arise out of the judgment and decree in O.S.No.1161/1999 on the file of Second Additional Munsiff's Court, Neyyattinkara.

2. Suit was one for declaration of title, possession and injunction. (Parties are hereinafter referred as per their status before the trial court).

3. Plaint schedule property was Government land and plaintiff obtained the same as per pattayam No.LA II/8/94. That property has been re-surveyed and thandaper also obtained to the plaintiff. The property lying on the southern and western side of the plaint schedule property belong to the defendant. In between the property of the plaintiff and defendant, on the south and west there is pathway. There are well defined boundaries on all sides of the plaint schedule property. On 04.12.1999 defendant attempted to trespass into the plaint schedule property and demolished southern and western boundaries to annex the same to his property. Though the attempt was defeated due to the intervention of the plaintiff, apprehending future trespass, the suit has been filed.

4. Def