Boundaries established in previous final decrees are determinative of property rights, overriding conflicting survey numbers.

JUDGMENT

This R.S.A. is directed against the judgment and decree dated 29.5.2020 in A.S.No.5/2019 on the file of the Sub Court, Koyilandy (hereinafter referred to as 'the first appellate court') which arose out of the judgment and decree dated 08.08.2018 in O.S.No.99/2015 on the file of the Munsiff's Court, Perambra (hereinafter referred to as 'the trial court'). The appellants are the defendants 1 and 2 and respondents are the plaintiff and defendants 3 and 4 in O.S.No.99/2015. The parties are hereinafter referred to as the plaintiff and defendants according to their status in O.S.No.99/2015 unless otherwise stated.

2. The suit was filed by the plaintiff for fixation of boundary and permanent prohibitory injunction. The allegation in the plaint is that the plaint schedule property is in the ownership of the plaintiff and her children. As per the Final Decree I.A.No.87/65 in O.S.No.515/51 of the Munsiff's Court, Payyoli, the property including the plaint schedule property is set apart to Kalyani Amma. The legal heirs of Kalyani Amma filed O.S.No.41/1984 before the Munsiff's Court, Perambra seeking partition. Thereafter, FDIA 824/1987 was filed for passing a final decree. As per the final decree, B, E, F plots shown in Ext.C3 plan was allotted to the plaintiff and her children. The plaintiff and her children were defendant Nos.4 to 7 in the above Final Decree application (FDIA 824/87). Pursuant to the final decree, the plaintiff and her children filed E.P.No.26/94 seeking delivery of the B, E and F plots shown in Ext.C3 plan appended to the final decree. In execution of the decree, the property was delivered to the plaintiff and her children on 13.6.1998 with the assistance of the police and thereafter the plaintiff and her children have been in possession of the plaint schedule property as absolute owners thereof. Consequent to the delivery proceedings, defendants 1 and 2 attempted to trespass into the plaint schedule property after demolishing the boundary. Hence the suit.

3. The defendants 1 and 2 filed written statement contending that the O.S.No.515/51 and Final Decree I.A.No.87/65 are not in connection with the plaint schedule property. The defendants 1 and 2 denied the fact that in execution of the final decree, the property was delivered over to the plaintiff. It is contended that Ext.C3 plan in EP 26/94 was nothing to do with the plaint schedule property in O.S.No.515/51. In O.S.No.41/1984, the Commissioner measured out the property as B, E and F plots. But the Commissioner marked the B, E and F plots in original Sy.No.47/1 in Re.Sy.No.9/4 of Nochad Village. These plots are not in question in O.S.No.515/51 and in O.S.No.41/84. Even though the trial court dismissed O.S.No.167/2007 , the 1^st defendant had filed appeal before the Sub Court, Koyilandy as A.S.No.31/2013. The plaintiff had no right to get the boundary fixed on the basis of Ext.C3 plan and the delivery proceedings thereon. Such delivery was not effected in the plaint schedule property and the 1^st defendant continued in possession of the plaint schedule property as absolute owner thereof.

4. The trial court framed issues in this case. After framing issues, the entire evidence was taken. PW1 was examined and marked Exts.A1 to A16 on the plaintiff's side. Exts.C1 and C1(a) were marked. No oral or documentary evidence was adduced from the side of the defendants.

5. After having heard both sides, the trial court fixed the boundaries of the plaint schedule property as per Ext.C1 and C1(a). The defendants were restrained by a permanent prohibitory injunction from trespassing into the plaint schedule property. Feeling aggrieved, the defendants 1 and 2 preferred A.S.No.5/2019 before the Sub Court, Koyilandy. The learned Sub Judge dismissed the appeal with costs. For clarity, the learned Sub Judge issued the following order:-

“a) The northern boundary of plot mentioned as 'B' in Ext.C1(a) Plan is fixed as 'ab' line. The eastern boundary is fixed as 'bc' line as shown in