1. The appellants are the plaintiffs whose suit for injunction to restrain the defendants from trespassing and taking forcible possession of the suit properties has been dismissed by both the courts below.

2. They claim right to the suit properties as successors of Kesava Kurup who was said to be the last surviving member of a branch to whom the properties had been allotted in tarwad partition. The defendants contended that the said deed was not one of partition but was only a maintenance allotment and as such the plaintiffs have not inherited the properties and are not entitled to any injunction as prayed for in the suit. The plaintiffs having applied for a temporary injunction along with the institution of the suit, a written objection thereto has been filed by the defendants in which they maintained that the plaintiffs had no right to be in possession of the suit properties and that by their possession they have only been trespassers thereon and could not therefore claim an injunction. This is an admission that the plaintiffs are in physical possession of the suit properties.

3. The learned Munsiff has however non-suited the plaintiffs, the reason being: "If the 1st de