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1970 Supreme(Ker) 86

E.K.MOIDU
MADHAVAN NAMBIAR – Appellant
Versus
NARAYANAN NAIR – Respondent


Judgment :-

1. The revision petitioner, who is a co-owner in respect of the plaint property, having failed to obtain an order of injunction before the District Judge, Kozhikode against the other co-owner respondent restraining him from entering upon the property has come up in revision challenging the order.

2. The disputed property belonged to one Narayani Amma and her son, who is the respondent herein, on tenancy right in equal half share. But, the respondent was staying away for some time and, therefore, the property was cultivated by Narayani Amma alone. The revision petitioner is the husband of Narayani Amma's grand-daughter. The revision petitioner and respondent along with Narayani Amma are living in one and the same house. While so Narayani Amma assigned her half right in the property in favour of the revision petitioner on 20-2-1963. The revision petitioner, thereafter, conducted paddy cultivation in the property. There is evidence that the revision petitioner has been in exclusive possession. But, when the respondent came and asked for joint cultivation with the revision petitioner, he was prevented from entering upon the property. Consequently, the revision petitioner fil








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