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1979 Supreme(Ker) 216

M.P.MENON
PADMANABHAN – Appellant
Versus
KANNAN – Respondent


Judgment :-

1. This revision by the plaintiff in O.S. No. 201/78 is against the order of the trial court in I.A. No. 293/79, an application filed under Order XI R.12 CPC.

2. The suit was for permanent injunction restraining defendants 1 and 2 from trespassing into two separate one-acre plots in R. S. No.1/IA. The plaintiff's father had obtained 27 acres of land in the survey number (plaint A schedule) under a partition deed of 1942 and he was in direct possession from 1953. Out of the above 12.02 acres were to be surrendered as excess under Act I of 1964. The father was desirous of giving the remaining 14.98 acres (plaint B schedule) to his four sons, including the plaintiff, and land revenue was accordingly being paid in the sons' names. But the father died in 1977 and the property devolved on his widow and six children. The defendants had requested the father during his life time to give them some part of land instead of surrendering the same as excess, but that request had been turned down. They were ever thereafter trying to get at the land, and on 15-10-78 when the plaintiff went to the property with labourers, the defendants unsuccessfully obstructed. They however threatended














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