IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 RSA.No. 345 of 2010() --------------------- AS.32/2005 of III ADDL. DISTRICT COURT, TRIVANDRUM OS.438/2003 of I ADDL.MUNSIFF'S COURT,TRIVANDRUM .................... APPELLANT/APPELLANT/PLAINTIFF: --------------------------------------------------------- SUKU, S/O DAMODHARAN, AGED 46 YEARS, RESIDING AT T.C.5/2001, KOWDIAR, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.R.S.KALKURA, SRI.M.S.KALESH, SMT.A.V.PRIYA, SRI.HARISH GOPINATH, SRI.V.VINAY MENON, SMT.K.V.P.JAYALEKSHMY, SRI.M.AJAY (IRUMPANAM). RESPONDENT(S): RESPONDENTS/DEFENDANTS: ------------------------------------------------------------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, WATER WORKS, NORTH SUB DIVISION, THIRUVANANTHAPURAM. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------- R.S.A No.345 of 2010 -------------------------- Dated this the 24th June, 2010 J U D G M E N T Aggrieved by the concurrent findings against the plaintiff in O.S No.438 of 2003, before the Munsiff's Court, Thiruvananthapuram, has come up in appeal before this Court. 2. Plaintiff alleged that his father late Damodaran was in possession of plaint schedule property since 1963. He had put up a building therein and resides therein with his family. He was also conducting a business in the plaint schedule property. On his death, the property devolved on the legal heirs of the plaintiff and they continued to be in the possession of the property. According to him, a tea shop, ration shop and a pan shop are being conducted in the plaint schedule property. It is also alleged that the entries in the revenue records are in the name of the parents i.e late Damodaran and Saramma, of the plaintiff. According to the plaintiff, defendants have no manner of right over the plaint schedule property and they had attempted to trespass into the plaint schedule property. That necessitated the suit. R.S.A No.345 of 2010 2 3. Defendants resisted the suit. They contended that plaintiff has no manner of right over the plaint schedule property. According to the plaintiff, defendants never had any title to plaint schedule property and that they are not entitled to get any relief. 4. Based on the pleadings, the trial court raised necessary issues for consideration. The evidence consists of the testimony of PW1 and PW2 and Exts. A1 to A11 were marked from the side of the plaintiff. Defendants marked Ext.B1 and Exts C1, C2 and C 3 are the commission reports and plan. Ext.X1 is the third party document. 5. It has come out in evidence that during the pendency of the suit, the defendants had demolished the building in the plaint schedule property. Thereafter, a temporary shed had been put up in the plaint schedule property. The trial court found that it is difficult to believe that the plaintiff was residing in the property . The trial court dismissed the suit holding that the plaintiff was not in lawful possession of the property. 6. The matter was carried in appeal as A.S.No.32/2005 before the District Court, R.S.A No.345 of 2010 3 Thiruvananthapuram. The lower appellate court after perusing Ext.A1 deed stated that the claim of the plaintiff is unsustainable. In Ext.A1, the nature of the land is described as Pandaravaka, i.e. Government land. The appeal was also dismissed. 7. Learned counsel for the appellant pointed out that a comprehensive suit seeking appropriate reliefs has been filed. The only prayer now made is that finding in this case may not affect the plaintiff rights to be adjudicated in pending suit. 8. The prayer seems to be reasonable. While dismissing the appeal, it is made clear that the findings or observations made by the courts while disposing of this suit will not prejudice the rights of the appellant in the pending suit. P.BHAVADASAN, JUDGE ma R.S.A No.345 of 2010 4 R.S.A No.345 of 2010 5