JUDGMENT

The plaintiff in a suit for injunction, has come up in this appeal aggrieved by the judgment and decree of the Sub Court, Tirur, reversing the judgment and decree granted in his favour by the Munsiff Court, Parappanangadi, in O.S.No.22/2004.

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

2.1. The plaint ‘A’ schedule property along with other holdings originally belonged to Velukutty, who is the father of the plaintiff. He executed a Settlement Deed No.2909/1993 in favour of his wife and children. Item Nos.1 and 2 were set apart to Cherai and Appunni. Item Nos.3 and 4 were set apart to his wife Malu and their children, Balan, Sreedharan, Velayudhan, Raman, Prema, Unni, Sivan and Visala. The said item is mentioned in the plaint as ‘A’ schedule. The plaintiff, along with his mother and other members, except the defendant, is residing in the house in plaint ‘A’ schedule. It is further stated that he is using the plaint