Grama Panchayat, defendants 1 to 8 were allowed to construct a three-storied building in the said property and that the permit is valid till 30.11.2013. In paragraph 5 of the written statement, the defendants further averred that on the western side of the long arm of the 'L' shaped property, the church as well as Smt. Saramma Koshy have their properties, that Smt. Saramma Koshy was occupying the land of church on lease arrangement, that later, the kudikidappu right over the said property was purchased by Smt. Marykutty Koshy, daughter-in law of Smt. Saramma Koshy and that after 1994, the plaintiff church has no property on the western side of the said 5.300 cents. In paragraph 9 of the written statement, the defendants contended that on 16.1.2012 (before the institution of the suit) at the instance of the Chancellor of Changanacherry Arch Diocese the defendants agreed to get have the property measured by the Taluk Surveyor, that on 16.1.2012 after notice to the parties concerned, the Taluk Surveyor, Kuttanadu Taluk surveyed the property and prepared a plan and as per the sand survey, 5.115 cents of land was available in the possession of the defendants within the boundaries mentioned in the sale deed and therefore, there is no merit in the allegation that the defendants have trespassed into the property belonging to the plaintiff church.
