JUDGMENT

R.S A No.308 of 2006 arises from O.S No.143 of

1996. It was filed by the appellant as plaintiff for a prohibitory injunction against trespassing into the plaint scheduled 50 cents of property. R.S.A No.930 of 2005 arises from O.S No.3 of 1997 which is a cross suit filed by the respondent in R.S.A No.308 of 2006. The said suit is also for a prohibitory injunction against trespass into the very same 50 cents of property. There is a rival claim of possession over the 50 cents. R.S.A No.898 of 2005 arises from O.S No.107 of 1998. It was a suit for declaration of easement of right of way. The suit was filed by the appellant as plaintiff against the respondent in that appeal. In R.S.A No.898 of 2005, the right of way claimed is for access to the aforesaid 50 cents of property.

2. For the sake of convenience, the parties are referred to as per their status in O.S No.143 of 1996 leading to R.S.A No.308 of 2006.

3. Both the plaintiff and the defendant claim possession over the disputed 50 cents of property. The plaintiff claims possession as per Ext A1 Agreement dated 01.03.1987 with one Chacko. The defendant claims possession as per Ext B3 Settlement Deed executed by his father.

4. The