J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Challenging the concurrent findings entered by the Additional Munsiff's Court, Irinjalakuda in O.S. No.1550/2008 followed by those of the Principal Subordinate Judge's Court, Irinjalakuda in A.S. No.55/2010, the defendant in the suit has come up in Second Appeal.

2. The suit is one for perpetual injunction restraining the defendant from committing trespass into the plaint schedule property and from demolishing the old wall, which was one of the walls of the old building that was situated at the southern portion of the plaint schedule property.

3. Plaintiff is the wife of the title holder of the plaint schedule property. According to her, the filing of the suit was necessitated since her husband was working at Dubai and as he could not be present here. The husband of the plaintiff purchased the plaint schedule property from two persons namely, Abraham and Francis. The defendant is one Devassy, who is the elder brother of Abraham and Francis. The mother of Devassy, Abraham and Francis was having 18 cents of property, out of which, she settled 6 cents of property in favour of the defendant. Thereafter, she settled 5½ cents in favour of Abraham and lastly