The Appellant, who is the plaintiff in O.S.No. 294/87 in the court of Munsiff , Kannur impugns the validity of the appellate order dated 5th November, 1990 in AS.No. 27/S9 made by the I Addl. Sub Judge, Thalassery by which he reversed the decree for mandatory injunction made by the trial court and remanded the case for trial of the issue whether the respondent holds an irrevocable license under S.60(b) of the Easements Act. The facts necessary for disposal of this petition appear in paragraphs 2, Sand 4 below: The appellant and the respondent are in this judgment referred to as the plaintiff and the defendant respectively.

2. The plaintiff instituted O.S.No. 294/87 in the court of the Munsiff, Kannur. She claimed decree for a mandatory injunction that the defendant/ respondent herein, shall remove the shed used as pump house and the water pipes connecting the. well to the defendant's factory. The plaintiff based her title on the assignment dated 1-6-1986 made by Devaki, Nalini, Prasanna and Ashokan who were the admitted owners of the land.

There is a well in the land purchased by the plaintiff. The defendant runs a handloom factory in the name of Bharat Textiles. The plai