JUDGMENT

The appeal arises out of the concurrent findings rendered by the Munsiff Court, Perumbavoor, in O.S.No.81/2007, as confirmed by the Sub Court, Perumbavoor in A.S.No.42/2010.

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

2.1. The respondent/plaintiff instituted a suit for declaration of title and injunction restraining the defendant from trespassing into the plaint schedule property. According to the plaintiff, both brothers were granted respective shares under a deed of partition. The partition deed was executed in the year 1994. On 24.10.1994, plaint schedule property having an extent of 3.35 Ares was allotted to the plaintiff as per Partition Deed No.5241/1994, which is shown as Item No.2 in B schedule in the above mentioned partition deed. Under the partition deed, the survey number under which the property was allotted is Old Survey No.117/7. The plaintiff contended that the defendant is trying to trespass into the plaint schedule property with an intention to annex the same along with his property. It was further contended that, the property included in B schedule to the said partition deed is in Re-survey No.134/20.

2.2. The defendant resi