JUDGMENT

The appeal is preferred by the defendants in O.S.No.683/2003 on the files of Principal Munsiff Court – II, Kozhikode.

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

2.1. The plaintiff, who is a sharer and custodian of the properties of Puthiya Kovilakom Padinjarekkettu Kuttimbatti Thamburatti’s (late) thavazhi, approached the Principal Munsiff Court – II, Kozhikode, with a suit for injunction restraining the defendants/appellants herein from trespassing into the plaint schedule property. According to the plaintiff, he derived right, title and interest over the property by virtue of final decree proceedings in I.A.No.913/39 in O.S.No.19/39. The plaint schedule property was set apart as 21^st schedule towards the share of D33 in the above suit. The property was allotted to the mother of the plaintiff and includes the vacant land and the portion was scheduled in the plaint as plaint schedule property as work area.

2.2. The defendants on the other hand contended that the plaintiff had no right over the plaint schedule property inasmuch as the 1^st defendant being a society formed for the welfare of the members of the Kovilakom, was gifted with the proper