Case Law Details
Davis Raphel Vs Hendry Thomas (Kerala High Court)
This Regular Second Appeal has been filed by the defendant in the civil suit challenging the judgment and decree dated 22.2.2019 in A.S.No.58/2016 of the Sub Court, Payyannur (hereinafter referred to as ‘the first appellate court’) by which judgment, the first appeal of the defendant was dismissed by the first appellate court confirming the judgment and decree dated 30.09.2016 in O.S. No. 33/2012 of the Munsiff’s Court, Taliparamba (hereinafter referred to as ‘the trial court’).
2. For brevity, the parties shall be referred to as referred in the original suit. Brief facts of the case giving rise to this appeal are as follows:-
The plaintiff Sri.Hendry Thomas, aged 69 years, who is the respondent in this appeal, filed the original suit before the trial court claiming for permanent injunction interdicting the defendant from trespassing into the plaint schedule property or interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property and the house therein or committing any waste therein. The suit property measuring an area of 5 cents of land comprised in Re-Sy.No.21/5 of Taliparamba amsom, Thrichambaram desom, belongs to the plaintiff by virtue of a gift deed No.4034/1981 by Rev.Fr.James Nasrath for and on behalf of St.Paul’s Church, Thrichambaram.
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