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1998 Supreme(Ker) 637

S.MARIMUTHU
Sulochana – Appellant
Versus
Nani – Respondent


JUDGMENT

S. Marimuthu, J.

1. This appeal arises against the Judgment delivered by the District Judge,Tellicherry in A.S. No. 166 of 1986. Defendants 1, 2 and 5 are the appellantsand the plaintiff is the respondent in this appeal. The respondent as plaintifffiled O.S. No. 138 of 1984 before the District Munsiff, Tellicherry for injunctionrestraining the defendants not to make any attempt to trespass into theproperty on the following grounds: The suit property is 63 cents which is itemNo. 1 in Ext. A-2 Will dated 15th March 1979. The suit property originallybelonged to the mother of the plaintiff Chirootty. As per Ext. A-2 Will, item No.1, namely, the suit property was given to the plaintiff, item Nos. 2 and 3measuring 6 cents and 9 and odd cents respectively were given to thedefendants and their brother Rajeev and sister Shreeja. Chirootty, the motherof the plaintiff had a son by name Kumaran who is the father of thedefendants. As per the terms of the Will, the plaintiff has been enjoined thesuit property. Taking advantage of the fact that the plaintiff is not residing nearthe suit property, the defendants attempted to trespass into the suit property.Hence this suit.

2. The above averm

















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