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1985 Supreme(Ker) 347

PAREED PILLAY
MOHAMMAD – Appellant
Versus
MOHAMMED HAJI – Respondent


Judgment :-

1. The revision petitioner is the 1st defendant in O.S. 157/81. He is the present President of Udumbra Pazhaya Jumayath Palliparipalana Committee. Plaintiff filed the suit for permanent injunction restraining defendants 1 and 2 from trespassing in the plaint schedule property and using the same as a burial ground. Defendants contended inter-alia that the plaint schedule property is the ancient burial ground of the mahal and the plaintiffs cannot restrain the defendants and the members of the mahal from using the same as burial ground. They also contended that the plaint schedule property is not identifiable.

2. Plaintiffs filed I.A. 2252/85 for police protection against (be defendants to enforce the order made by the court in I.A. 1275/81. I.A. 1275/81 was filed by the plaintiff for an interim injunction restraining the defendants or their men from entering upon the plaint A schedule property or committing any loss or damage to the same. Injunction was granted by the court below. The grievance of the plaintiffs is that despite the order in their favour defendants continued to trespass upon the property and attempted to use it as a grave-yard unauthorisedly. Plaintiffs co














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