JUDGMENT

State of Kerala has come in appeal against the judgment and decree dated 10.3.2011 of the District Court, Kasaragod in AS No.13/2006, which reversed the dismissal of OS No.20/2002 on 30.11.2005 by the Sub Court, Kasaragod.

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

The suit is one for a declaration of title on the basis of adverse possession and consequential injunction. Plaint A schedule property belonged to the plaintiffs and they were in possession and enjoyment of the same. It is contended that the plaintiffs and their predecessors have been in possession of the properties since the last 75 years, effecting vast improvements and cultivation. The 1^st plaintiff had raised certain plantations in A schedule properties with the permission of late C.H.Kunhi Kalandar. It is further contended that the properties thus vest with the plaintiffs since it had been openly possessed by them in opposition to the title of the State and thus they have perfected title by adverse possession. It is further contended that proceedings were initiated for recovery of excess land under the provisions of the Kerala Land Reforms Act and in those proceedings a count