JUDGMENT

This appeal arises out of the judgment in A.S.No.34/2010 of the Additional Sub Court-I, Ernakulam, which reversed the dismissal of O.S.No.1449/2006 of the Additional Munsiff Court-I, Ernakulam.

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

2.1. The plaintiff filed a suit for fixation of boundary, permanent prohibitory injunction and mandatory injunction. According to the plaintiff, the plaint schedule property belonged to one Karunakara Kaimal and as per the Will executed by the Karunakara Kaimal, the property devolved upon Govinda Kaimal. The defendants’ mother Madhavi was a kudikidappukari of Karunakara Kaimal and Madhavi got assigned her kudikidappu right. Govinda Kaimal gave possession of the balance item of the property to the father of the plaintiff, Parameswaran Kutty. Even though Govinda Kaimal bequeathed the right over the said properties to one Bharathi Amma, the possession over the same continued with the father of the plaintiff. Bharathi Amma accepted the possessory right over the plaint schedule property and assigned right, title and interest in favour of Parameswaran Kutty by Sale Deed No.2043/1990 of Maradu S.R.O and after the de