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1979 Supreme(Ker) 131

T.CHANDRASEKHARA MENON
I. Gouri – Appellant
Versus
C. H. Ibrahim – Respondent


Advocates:
P. C. Balakrishna Menon and V. P. Mohan Kumar, for Petitioners, K. P. Dandapani, for Respondents.

ORDER :-

This revision petition arises out of a rejection of an application for temporary injunction filed by the plaintiffs. The plaintiffs who are petitioners here instituted a suit for partition of the plaint schedule property which is having an extent of 11 cents. The case is that the plaint schedule property was allotted to their paternal uncle, one Govindan, as per the decree in the partition suit, O.S. 17 of 1953, Govindan died in 1962 and the plaintiffs and their 3 brothers who are the legal heirs of the said Govindan got the property along with another item which is 28 cents in extent, and which also lies nearby. The plaintiffs' brothers assigned the present plaint item to one Mrs. Jane James holding themselves out as the exclusive owners in the property. The conveyance was not of any undivided interest of theirs in the properties obtained under the partition decree. Mrs. Jane James assigned the property to the defendants by document dated 20-2-1976. According to the defendants they got possession by the assignment whereas according to the plaintiffs, the defendants tried forcefully to enter in the plaintiffs' property. This led to a suit, O.S. 112 of 1979 filed by the pla




























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