IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM ND WEDNESDAY, THE 2 DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 RSA NO. 989 OF 2011 AGAINST THE JUDGMENT AND DECREE DATED 10.02.2011 IN AS NO.19 OF 2008 OF DISTRICT COURT,THRISSUR ARISING OUT OF THE JUDGMENT AND DECREE DATED 23.07.2007 IN OS NO.1371 OF

2000 OF MUNSIFF COURT, CHAVAKKAD APPELLANTS/DEFENDANTS 1 AND 3:

1 BHANUMATHY, W/O.LATE ASHOKAN, KOTTUKKAL PALAKKAL HOUSE, NATTIKA P.O.,, THRIPRAYAR DESOM, NATTIKA VILLAGE, CHAVAKKAD TALUK, PIN - 680 566.

2 BALAKRISHNAN S/O.LATE ASHOKAN RESIDING AT DO. DO.

BY ADV SRI.P.RAMACHANDRAN RESPONDENTS/RESPONDENTS/PLAINTIFFS AND DEFENDANTS:

1 SREE NARAYANA TRUST, KOLLAM REPRESENTED BY SECRETARY, V.K.NADESAN, VELLAPPALLIL VEETTIL, KANICHUKULANGARA DESOM, CHERTHALA TALUK, 688 582

2 NATTIKA SREENARAYANA COLLEGE REPRESENTED BY PRINCIPAL, N.AYYAPPA DAS, S.N.COLLEGE, NATTIKA P.O., THRISSUR DISTRICT, PIN 680 566.

3 RAMACHANDRAN,S/O.BHANUMATHY & LATE ASHOKAN, KOTTUKAL PALAKKAL HOUSE,, NATTIKA P.O., THRIPRAYAR DESOM,NATTIKA VILLAGE, CHAVAKKAD TALUK, PIN 680 566.

4 RAHNA D/O.MARAT RAMACHANDRAN THRIPRAYAR DESOM, NATTIKA P.O., THRISSUR DISTRICT PIN 680 566.

DELETED FROM THE PARTY ARRAY OF THE APPEAL AT THE RISK OF THE APPELLANT AS PER ORDER DATED 26.02.2019 IN I.A.02/2019.

5 NIRMALA, W/O.PUTHUR CHANDRANGADHAN, THRIPRAYAR DESOM, NATTIKA P.O., THRISSUR DISTRICT, PIN 680 566.

6 SHIBU S/O. DO. RESIDING AT DO. DO. 7 SHAJU S/O. DO. RESIDING AT DO. DO.

BY ADVS.

SRI.P.K.SAJEEV SRI.P.GOPALAKRISHNAN SRI.A.N.RAJAN BABU SRI.P.R.SHAJI THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

M.A.ABDUL HAKHIM, J.

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RSA No. 989 of 2011 ============================

Dated this the 2^nd day of April, 2025

JUDGMENT

1. The Regular Second Appeal is filed by the defendants 1 and 3 in the suit. The suit was one for recovery of possession and also for mandatory and prohibitory injunctions. The first plaintiff is a Trust by name ‘Sree Narayana Trust’ and the 2^nd plaintiff is Nattika Sreenarayana College run by the 1^st plaintiff. The plaint A schedule property is 67 cents of land situated in Survey No.284/9 of Nattika Village. The plaintiffs claimed title over the plaint schedule property as per Ext.A1 title deed dated

02.05.1967 executed by one Raghavan.

2. As per plaint allegations, the plaint A schedule property originally belonged to one Velayi as per document No.559/1948. Velayi executed Ext.A7 document of the year 1950 with respect to 50 cents in favour of one Unnoolikutty creating a possessory mortgage in her favour. Remaining property was retained by Velayi. Later, as per Ext.A2 document of the year 1966, Velayi assigned the 17 cents of land in favour of Raghavan with right of redemption of 50 cents of land from Unnoolikutty. Thereafter, Unnoolikkutty executed Ext.A3 document of the year 1966 releasing the mortgage in favour of Raghavan. Raghavan executed Ext.A1 document of the year 1967 with respect to plaint schedule property in favour of the 1^st plaintiff and thus, plaintiffs got title and possession of the plaint A schedule property. The defendants 1 to 3 are the legal heirs of Unnoolikutty. They trespassed into the plaint A schedule property in July 2000. The 4^th defendant constructed plaint B schedule shed and plaint C schedule shed without roof. The 5^th defendant constructed plaint D schedule shed. Defendants 1 to 3 have been residing in plaint E schedule property, which is a part of the plaint A schedule property, with the permission of the plaintiff. The plaintiffs sought for recovery of plaint A schedule property except plaint E schedule property based on title, stating that the plaintiffs will be taking separate steps to evict the defendants 1 to 3 from plaint E schedule property. Consequential prohibitory and mandatory injunctions were also sought.

3. The defendants 1 and 3 filed joined Written Statement contending,inter alia, that the plaintiffs and