HORACE OWEN COMPTON BEASLEY, KT.
Eramullan Kunhi Moidin – Appellant
Versus
Kunhi Koman Nair – Respondent
Horace Owen Compton Beasley, Kt., C.J.
1. The suit out of which this matter arises, namely, O.S. No. 32 of 1920 in the Court of the Subordinate Judge of South Kanara, was a suit instituted by the Karnavan of a tavazhi seeking a declaration that the suit scheduled properties were the joint family properties of the tavazhi and not the private properties of the 2nd defendant. There was also a claim for a permanent injunction restraining defendants 1 and 2 and 30 and 31 or their men from cutting or removing trees on the plaint properties or from interfering in any way with the plaintiffs management of them. The 1st defendant in the suit had leased the properties to the 2nd defendant who sub-leased them to defendants 30 and 31, the appellants here, who were thus in possession of the properties, cutting and removing the trees on them. Pending the disposal of the suit, the plaintiff applied for a temporary injunction against defendants 1 and 2 and the appellants. The plaintiff, in view of the fact that damages were likely to be suffered by the appellants if the temporary injunction were granted and the suit should not succeed, offered to give security to the extent of Rs. 15,000 as
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