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2012 Supreme(Online)(KER) 49634

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
ASHRAF – Appellant
Versus
JUNAIBA – Respondent


JUDGMENT

Appellant/plaintiff is aggrieved by the judgment and decree of the learned III Additional District Judge, Thiruvananthapuram in A.S.No.141 of 2004 reversing the decision of learned sub Judge, Nedumangad in O.S.No.2 of 2000.

2. Appellant sued the respondents for declaration of title, possession, fixation of boundary and injunction. The suit property described in the plaint schedule is 28 cents in R.S.No.1818/1. According to the appellant, the said property was purchased by his father as per document No.1564 of 1960 in his name when he was a minor. The property of 1st defendant is situated on the northern side of the said 28 cents. Appellant filed O.S.No.787 of 2003 against the 2nd defendant trespassing into the suit property but, that suit was dismissed for default. Defendants 1 and 2 filed O.S.No.48 of 1998 against the appellant but that was also dismissed. Appellant wanted his title and possession of the suit property to be declared, boundary between that property and the property of respondents to be fixed and sought other reliefs. 1st respondent/2nd defendant contended that she had 1.7 Acres as per gift deed No.3027 of 1950. Out of that, she sold 80 cents and the remainin

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