D. P. HIREMATH, J,., J.

( 1 ) THE appellants were plaintiffs in O. S. No. 264/71 before the I additional Munsiff, Mangalore. The plaintiffs sued the defendants for prohibitory as well as mandatory injunction, firstly restraining the defendants from proceeding with the un-authorised construction said to be put up in the suit open site belonging to the joint family of the plaintiffs and defendants; and secondly, to demolish the construction that had come up on the site by the time the suit was filed.

( 2 ) IT is not disputed that plaintiffs and defendants are governed by Aliasanthana law as administered in the South Kanara district of this State and are the descendants of a common female ancestreos Korapolu Hengasu. Defendant-1 is the Ejman of the family living at Mangalore and managing the family properties. The property in question is situate within the municipal limits of mangalore town presently and is given T. S. No. 860 measuring 30 cents and it is mulgeni land. There is no also a family house bearing door No. 7-158. When the suit was filed plaintiff-1 was living in Bombay and the second plaintiff at Mangalore. The first defendant was living at Mangalore and defendants-2 and 3 a

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