( 1 ) THIS appeal by defendants 1 and 2 is directed against the judgment and decree dated 28-1-1975 passed by the principal Civil Judge, Mangalore, in regular Appeal No. 32 of 1974, on his file, allowing the appeal on reversing the judgment and decree dated 19-12- 1-973 passed by the Principal Munsiff,. Putlur, South Kanara, in Original , suit No. 163 of 1973, on his file, dismissing the suit of the plaintiffs for permanent injunction.

( 2 ) IT is the case of the plaintiffs that in a family partition among the defendants and one Beeranina Rai, the father of the plaintiffs, under a. registered partition deed dated 13-5-1966, beer anna Rai was allotted and put in exclusive possession of the, plaint 'a' schedule properties. Beeranna Radied in the year 1969 and, after his death, his wife Seethu Hengsu, the mother of the plaintiffs, was in exclusive possession of the plaint 'a' schedule properties till her death, in 1970. Thereafter, the mother of Seethu hengsu i. e. , the grand mother of the plaintiffs, as guardian of the plaintiffs, has been in possession of the plaint 'a' schedule properties on behalf of the plaintiffs. The defendants are in possession of the proper