JUDGMENT

The 1st petitioner is the son of the 2nd petitioner. The petitioners state that the 1st petitioner is the owner in title, possession and enjoyment of 1.40 Ares of property comprised in Re-Sy.No.400/16 in Block No.16 of the Kunnathoor Village. It is on the strength of Settlement Deed No.4472/1995 of the Sasthamcotta Sub Registry that he obtained title over the property. He has effected mutation in his favour and has been paying tax as evident from Exhibit-P1. Late Sri Bhaskaran, the husband of the 2nd petitioner was the absolute owner in title and possession of property having an extent of 8.19 Ares, falling in Re-Sy.No.400/5 in Block No.16 of the Kunnathoor Village. He assigned a portion of his property to his son Sri Sivasankara Pillai, and he was left with 6.67 Ares, which is now being enjoyed by the 2nd petitioner as the wife and legal heir. To substantiate the said fact, the petitioners rely on Exhibit P1(a) receipt.

2. The petitioners contend that the respondents are now asserting that the petitioners have encroached upon road poramboke and put up constructions. According to the petitioners there is not even a speck of truth in the said allegation. When steps were taken