The defendant in OS No.432/2010 on the files of Munsiff’s
Court, Kochi, a suit for fixation of boundary, recovery of possession
and injunction, is the appellant herein.
The brief facts necessary for the disposal of the appeal are as follows:
2. The respondent-plaintiff is a Church, which is in
possession of 52 cents of land (plaint A schedule property) in survey
No.451/4 of Rameswaram Village, Kochi Taluk as per document
No.1723/1924 of Kochi SRO. The defendant was put in possession of
plaint B schedule property measuring 10 cents of land comprised in
the same survey No.451/4 as per kudikidappu certificate issued in
O.A.No.1779/1971 dated 29.11.1971 of Land Tribunal, Vypin. The total
extent of the area covered by document No.1723/1924 is 1.28 Acres,
out of which five persons, including the defendant, were given 10
cents each of kudikidappu rights and another five persons were given
2025:KER:40331
RSA NO. 450 OF 2020
26 cents of land as small pieces of land. During the first week of
August, 2008, the defendant created trouble by cutting the trees
standing in plaint A schedule property against which the plaintiff
lodged a complaint. On 26.9.2008, the plaintiff approached the Taluk
Surveyor, but he declined to measure out the property belonging to
the defendant by way of kudikidappu due to the illegal interference of
the defendant. Hence, the suit was instituted.