The defendants came up against the concurrent

finding rendered by both the Trial Court (Munsiff

Court, Nedumangad) in O.S.No.263/1978 and the First

Appellate Court (Sub Court, Nedumangad) in

A.S.No.66/1996, by granting a decree of recovery of

possession and fixation of boundary in favour of

the plaintiffs.

2. The litigation was started in the year

1978. Forty one years already elapsed after the

institution of the suit. It is a suit for

declaration of title, recovery of possession and

fixation of boundary. It is the 3^rd round of

litigation in the same proceedings as the party had

suffered two remand on earlier two occasions. Three

Commissions were respectively let out. It was

accepted one after another by the Trial Court, but

the First Appellate Court reversed the same and

remanded the matter to the Trial Court. It has

resulted in the issuance of 3^rd survey Commission,

who in turn prepared survey sketch, report and

SA.No.934 of 2000 5

mahazer. It was accepted by the Trial Court and

the First Appellate Court and decreed the suit,

against which the defendants came up with this

appeal.

3.

The following questio