JUDGMENT

The defendant in OS No.432/2010 on the files of Munsiff’s Court, Kochi, a suit for fixation of boundary, recovery of possession and injunction, is the appellant herein.

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

2. The respondent-plaintiff is a Church, which is in possession of 52 cents of land (plaint A schedule property) in survey No.451/4 of Rameswaram Village, Kochi Taluk as per document No.1723/1924 of Kochi SRO. The defendant was put in possession of plaint B schedule property measuring 10 cents of land comprised in the same survey No.451/4 as per kudikidappu certificate issued in O.A.No.1779/1971 dated 29.11.1971 of Land Tribunal, Vypin. The total extent of the area covered by document No.1723/1924 is 1.28 Acres, out of which five persons, including the defendant, were given 10 cents each of kudikidappu rights and another five persons were given 26 cents of land as small pieces of land. During the first week of August, 2008, the defendant created trouble by cutting the trees standing in plaint A schedule property against which the plaintiff lodged a complaint. On 26.9.2008, the plaintiff approached the Taluk Surveyor, but he declined to me