IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
AISHA BAIJU KUMAR – Appellant
Versus
OOMMEN P KORAH – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding the plaintiffs' property encroachment. (Para 1 , 2) |
| 2. court's observation about the extent and implications of encroachment. (Para 3 , 6 , 7 , 8 , 9) |
| 3. arguments regarding the necessity of boundary identification. (Para 4 , 5) |
J U D G M E N T
The defendants in OS No.620/2018 on the files of the Additional Munsiff's Court, Kottayam, a suit for fixation of boundary, recovery of possession and injunction, have come up in the present second appeal aggrieved by the concurrent findings recorded against them by the courts below.
2. The plaintiff purchased item No.1 from the defendants for the beneficial enjoyment of the adjacent property belonging to the plaintiff. It is alleged that during December, 2017, the defendants encroached upon item No.1 and made illegal constructions, and the said portion is scheduled as item No.2. On 24.3.2018, the property was measured out and from the measurement, the encroachment made by the defendants was evident. Demand made by the plaintiff to the defendants to remove the encroachments was not accepted and hence, the suit. The defendants contended that they sold 18 square metres of property to the plaintiff an
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