JUDGMENT

The defendant in a suit for fixation, putting up boundary and for injunction has come up in the appeal aggrieved by the concurrent findings rendered against her by the Munsiff Court, Adoor, in O.S. No.401 of 2000, which is affirmed by the District Court, Pathanamthitta, in A.S. No.133 of 2013.

2. An extent of 9.51 Ares comprised in Resurvey No.700/3 of Pallickal Village was purchased by the plaintiff by sale deed No.2728/1983 from the mother of the defendant. The suit, O.S. No.491 of 1989, was instituted by the seller at the instigation of the defendant before the Munsiff Court, Karunagappally, for setting aside the sale deed, ended in dismissal. None prosecuted the matter further because the dismissal was for default on 28.9.1996. Later, the plaintiff filed an application before the resurvey authority for measuring and fixing the boundaries, to which the defendant objected, and hence the suit. The defendant resisted the suit by contending that her mother never executed the sale deed No.2728/1983 and therefore the plaintiff did not get any title over the property. The entire extent of 23.40 Ares is still in possession of the mother of the defendant, and, after resurvey, th