YESUDAS Vs. SHYLAJA

JUDGEMENT

(1.) The defendants in O.S.No.109 of 1995 on the file of the Munsiff's Court, Cherthala, are the appellants. The legal representatives of the sole plaintiff are the respondents.

(2.) The plaintiff instituted the original suit for declaration of title over 5 cents of land comprised in Sy.No.102/14-A of Thuravoor South Village against the defendants. According to the plaintiff, he acquired the title over the plaint schedule property by virtue of assignment deed No.3159/1994 dtd. 23/12/1994 (Ext.A1). The plaintiff claims that from the date of execution of Ext.A1 assignment deed, he has been in the possession and enjoyment of the property.

(3.) According to the plaintiff, the defendants had purchased property on the immediate east of the plaint schedule property from the assignor of the property covered by Ext.A1. The defendants trespassed upon the plaint schedule property. The plaintiff's peaceful possession and enjoyment of the plaint schedule property are under threat due to the illegal attempts on the part of the defendants.