J U D G M E N T

Challenging the divergent decree in a suit for declaration of title, fixation of boundary and injunction, defendants 1 and 2 are in appeal.

2. The plaintiff is a temple. The temple claims ownership over 14 cents of property in Sy. No.68/1 of Kunjathur village, Kasaragod Taluk. From out of the said extent, one cent of property was leased on ground rent to one Amade Beary. Subsequently, as per Ext.A3 assignment deed of the year 1909, the said Amade Beary transferred the rights to Khalif Abdul Rahiman. In the year 1918, he transferred the property to one Hassankutty Beary under Ext.A4 assignment deed. Amade Beary claimed to have obtained another one cent of property in the year 1919 under Ext.A5 conveyance from third party. Hassankutty died. Under Ext.A6 release deed, the legal heirs released their rights in favour of one among them viz. Moideen Beary. As per Ext.A7 conveyance of the year 1932, he transferred the rights to Abdul Rahiman Beary. Though in the said document, the extent of property is mentioned as four cents, the same is not correct since it was only one cent that was granted on lease. The said Abdul Rahiman executed Ext.B1 assignment deed in the year 1957