J U D G M E N T

The appellant is the plaintiff in OS No.51/2009 on the files of the Munsiff’s Court, Kanjirappally, a suit for declaration of title and mandatory and prohibitory injunction. The appellant has been concurrently non-suited by the courts below and hence, the present second appeal.

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

The plaint schedule property is situated in Cheruvally Village, which was one of the free holdings of the Vanjipuzha Chief. The properties of Cheruvally Village were unsurveyed lands. During 1114 and 1115 ME, the erstwhile Travancore State conducted a survey and settlement as per the Settlement Regulation-3 of 1109 ME. Under the said Regulation, it is contended that the Villagers were given permanent right of occupancy and their holdings were treated as registered holdings. However, at the time of survey and settlement, the plaint schedule property, which originally belonged to one Konthi, was d