JUDGMENT

The appellant herein is the 1st defendant in O.S. No.557 of 2004 on the files of the Munsiff Court, Chittur and the appellant in AS No.136 of 2010 on the files of the II Additional District Court, Palakkad.

2. The brief facts necessary for disposal of the appeal are as follows:

The respondent herein/plaintiff filed O.S. No.557 of 2004 seeking for fixation of boundary, and mandatory and prohibitory injunction directing the appellant/defendant to remove the trees that were planted in the property belonging to the plaintiff. The plaint A schedule property belongs to the plaintiff’s father, Sri. Krishnankutty Ezhuthassan, as per the partition deed No.1615/ 1979 of SRO, Chittur. Consequent to the death of the father of the plaintiff in 1984, the plaint schedule property devolved upon the legal heirs including the plaintiff. The plaint A schedule property contained certain ridges which is shown as plaint B schedule and that there is a clear level difference in between the plaintiff’s and defendant’s property. According to the plaintiff, the defendant's property lies about five (5) feet lower than the plaint A schedule property. On a misconception regarding the right over the p