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1952 Supreme(Ker) 85

VITHAYATHIL
Gangadharan Pillai – Appellant
Versus
Nagendra Prabhu – Respondent


Judgment :-

1. The plaintiffs who are two in number are the appellants. The suit is for a permanent injunction restraining the defendants from entering upon the plaint schedule property. The property belongs to the defendants. It 19 Punja land, about 33 acres in extent. The plaintiffs' case is that they were cultivating the properties as lessees from 1123 onwards. The harvest of the year 1126 was taken in the month of Kumbhom that year. After that the plaintiffs did the preliminary agricultural operations for the crop of 1127 and spent Rs. 750/- and 500 paras of paddy for that purpose. The defendants attempted to take forcible possession of the property from the plaintiffs and therefore they filed the suit for the relief mentioned above, It was also alleged in the plaint that the plaintiffs had effected improvements in the property of the value of Rs. 2500 and that the defendants had agreed to pay that amount at the time of eviction. It was further alleged that the defendants had received some amount as advanced pattern for the year 1127. The amount was, however, not mentioned in the plaint.

2. In the written statement filed by the defendants they contended that the property was lea



























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