IMMANENI PANDURANGA RAO, J.

( 1 ) THE defendant preferred this revision against the reversing judgment of the learned Subordinate Judge in CMA No. 28 of 89. The respondents who are the plaintiffs 1 and 2 in the suit filed IA No. 571 of 89 in OS no. 78 of 89 on the file of the District Munsif s Court at Ponnur for temporary injunction alleging that the property belongs to Khairunnisa Bee, the mother of the first plaintiff and the defendant, (the first plaintiff and the defendant being brothers), that the first plaintiff got the property under ex. A1 gift deed dated 22-10-88; that even by the date of Ex. A1, the second plaintiff was cultivating the suit land as a tenant and that as such, the plaintiff s are in possession and enjoyment of the suit property by the date of the suit.

( 2 ) THE defence of the defendant is that there is no necessity for khairunnisa Bee to lease out the suit land when her children who are capable of cultivating the land are available, that she gave the land on lease to the defendant; that he was paying the rent regularly to his mother during her life time; that she did not execute any document during her life time and that after her death, her properties inc

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