JUDGMENT

Defendant in O.S.No.1246/94 on the file of the Principal Sub Court, Thiruvananthapuram is the appellant. The suit was filed for declaration of title and for fixation of boundary. The court below passed a decree declaring the plaintiff's right and title over the plaint schedule property and allowing the plaintiff to put up a boundary along the line J W V in Ext.C1(a) plan. The court below also passed a decree of perpetual injunction restraining the defendant from trespassing into any portion of the plaint schedule property. Aggrieved by the said decree and judgment the defendant has preferred this appeal. The parties hereinafter referred to as plaintiff and defendant as arrayed in the suit.vide

2. Plaintiff and defendant are brothers. The plaintiff obtained the plaint schedule property as per the settlement deed No.2219/69 dated 25/7/1969. The plaint schedule property is item No.1 of D schedule to the said settlement deed. The extent of property allotted to the plaintiff is 71.5 cents, which is the plaint schedule property. Defendant, who is the younger brother of the plaintiff, has been allotted 94 cents. The said property is described as E schedule to the settlement deed.