JUDGMENT

The plaintiff in a suit for declaration and consequential injunction has come up in the present appeal, aggrieved by the judgments rendered by the Munsiff Court, Chittur in O.S.No.191/2004 and Additional District Court-I, Palakkad, in A.S.No.159/2008.

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

2.1. The plaint schedule property originally belonged to the mother of the appellant, namely, Menaka. The total extent of property is 60 cents (on measurement found to be 62 cents). The plaintiff claimed that there was a registered partition in the year 1998, wherein the joint property was partitioned and B schedule property to the said partition was allotted to the plaintiff/appellant. The B schedule property consist of 31 cents in Survey No.447/4 of Vadakarapathy Village of Palakkad District. It was alleged that the original defendant is trying to trespass into the property. The plaintiff had issued a lawyers notice to the defendant not to destroy the existing boundary and the defendant replied to the notice issued by the plaintiff.

2.2. According to the plaintiff, admittedly, the defendant had obtained a purchase certificate for Kudiyiruppu right of 1