The plaintiffs filed a suit in the Munsiff's Court, Kasaragod for a permanent prohibitory injunction restraining the defendant from trespassing into the suit properties. The defendant denied the plaintiffs possession on the date of the suit. The trial court dismissed the suit with costs holding that the plaintiffs are not in possession of the suit properties. This decree has been confirmed by the Subordinate Judge, Kasaragod in first appeal. Hence this second appeal.

2. The suit properties are described as 16 cents of garden land in R.S. No.684/ 2C, 60 cents of paddy field in R.S. No.685/1A3 together with kumki rights appurtenant thereto. According to the plaintiffs these properties belonged to two sisters by name Kammadathu Amma and Kunhammar Amma, from whom the plaintiffs obtained a lease under Ext. X-1 Chalgenichit (lease for one year) and while they were in possession of the properties, they purchased one half right of Kammadathu Amma's share in the property from her legal representatives under Ext. A-1 sale deed in 1969. The defendant was formerly residing in a small hut in the Kumki land. He has no right or possession over the suit properties; but he is trying to