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1988 Supreme(Ker) 58

THOMAS
KRISHNAN – Appellant
Versus
SANKARAN NAMBOODIRI – Respondent


Judgment :-

1. I thought at the First blush, that the question raised in these revision petitions is free from difficulty to answer. But after hearing the arguments of the learned counsel on both sides, I feel that the question requires deeper consideration. The court below adopted the strategy of subterfuge and advised the parties to file a fresh suit. The broad question is this: Who is to be preferred (or any one of them to be preferred at all) among the rival claimants for returning the property from the receiver, one, the defendants who were found to be in possession of it on the date of suit and the other, the plaintiff who has title thereto? The trial court preferred neither of them, and hence advised them to seek appropriate remedy in a separate suit. So both of them have come is revision. For the sake of convenience, the first claimants will be described as the defendants and the other as the plaintiff, as they figured in the suit.

2. Facts, relevant for these revisions, are the following: Plaintiff filed a suit for a perpetual injunction restraining the defendants from trespassing upon the suit properties. (Though there are more than two items of properties described in the










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