A suit for injunction against trespass dismissed

by both the Trial Court (Prl.Munsiff's Court,

Nedumangad) in O.S.No.571/1994 and the First

Appellate Court(Sub Court, Nedumangad), in

A.S.No.54/2002, on the ground that the registered

holding of plaintiff comes only 12 cents as per the

document of title. But the plaint schedule

description comes to 5.40 ares equivalent to 13

cents 349 square links. As per the document of

title there is no excess land to the said registered

holding of plaintiff. It is not clear how the

plaintiff obtained title over the property scheduled

in the plaint in excess of 12 cents. Both the court

below concurrently found that there is no right or

title over the excess land scheduled in the plaint

and no evidence worth the name adduced in that

behalf. On the other hand, the learned counsel for

the appellant submitted that the adjoining property

owner had instituted a suit for recovery of

possession which ended in dismissal and as such he

is entitled to the portion of property lying

adjoining to their registered holding. It is a suit

for injunction simplicitor without a substantial

prayer and as such in the absence of evidence to

show acquisition of title over the property

scheduled in the plaint in excess of 12 cents of

registered land, no relief can be granted. The

remedy available to the plaintiff is to sue for

fixation of boundary and for declaration of title,

over the excess land if any obtained and not by a

simple suit for injunction. The concurrent finding

rendered by both the court below thus deserves no

interference. None of the question of law framed at

the time of admission involved in the appeal.

The appeal is dismissed. No costs.

Sd/-

P.SOMARAJAN

JUDGE

msp

//TRUE COPY//

P.A. TO JUDGE