JUDGMENT

The 4^th defendant in a suit for fixation of boundary and for declaration of title has come up in the present appeal.

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

2.1. As per the plaint averments, Item No. 1 belongs to the plaintiff under E schedule to the partition deed no. 327 of 1963 and the southern boundary of item no. 1 is having a length of 4.75 meters and there is a kayyala having a length of 130 feet and height of 6 feet having more than 60 years. There is a strip of land having a width of 1.8 meters on the south- western side and of 9.9 meters on the south eastern side on the northern side of the southern boundary of item no.1. The said portion is scheduled as plaint schedule item no.2. The remaining property is lying at a lower level and there is a canal having a width of 1.5 meters on the southern side of item no. 1 situated at a depth of 6 feet. The canal and the properties lying on the lower level belongs to the defendants which is included as item no. 3. There is an Anjily tree and other trees in item no. 2 and item no. 1 and 2 are in possession of the plaintiffs. From the resurvey records, item no. 2 was mistakenly included in the