JUDGMENT

In a suit for injunction, the 1st appellant/plaintiff has been non-suited concurrently by the Courts below. The 1^st appellant/plaintiff instituted the suit for injunction against his own sister stating that an attempt was made by the sister to destroy the paddy cultivation carried out by the plaintiff over the plaint schedule property which consists of 60 cents in Sy. No. 1016, 21 cents in Sy. No. 1017 and 35 cents in Sy. No. 1013, totalling to 1 Acre 16 cents situated in Paramanchalla in Valiyavallampathy village in Chittur Taluk, Palakkad district.

1.1. The plaintiff traced out his possession from one Subbayya Pillai under whom he claims that he had taken possession 48 years ago. The respondent/defendant on the other hand disputed the identity of the property and contended that the property over which the plaintiff was claiming right belonged to their father Chinna Naicken who took it under a verum pattam l