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2014 Supreme(Ker) 442

K.HARILAL
N. K. Reghvaran – Appellant
Versus
N. K. Murali – Respondent


Advocates Appeared:
For the Petitioners:P.N. Ramakrishnan Nair, P. Viswanathan, Advocates.
For the Respondent:George Cherian (Thiruvalla), Advocate.

Judgment :

1. The petitioners are the defendants in O.S.No.435/2007 on the files of the Principal Munsiff's Court, Ernakulam. The above O.S was filed under Sec.6 of the Specific Relief Act (for short 'the Act') alleging dispossession of the property from the plaintiff. According to the plaintiff, he obtained the plaint schedule property on the basis of a Will allegedly executed by the father of the plaintiff and defendants 1 and 4. By virtue of the Will, he is in exclusive possession of the said property and building therein. He further alleged that, on 08/02/2007, the defendants trespassed into one room and the charthu in the building situated in the plaint schedule property after breaking open the lock and occupying the same. With these allegations, he filed the suit and prayed for a decree directing the defendants to give vacant possession of the charthu and the room described in the schedule, remove their articles and if they do not surrender the vacant possession after removing their goods, he may be allowed to take possession of the same with the help of the police. A mandatory injunction directing the defendants to do as stated above and a prohibitory injunction restraining

















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