JUDGMENT

The plaintiffs in a suit for injunction concurrently non-suited by the courts below have come up in the present appeal.

2. The brief facts necessary for the disposal of the appeal are as follows:

An extent of 25 cents of land originally belonged to one Madhavi Amma, the grant mother of the plaintiffs and defendants 1 and 2 and late Krishna Menon, obtained under a partition deed in the year 1962. The mother of the plaintiffs was also allotted the larger extent of property under B schedule to the said partition deed. It is contended that the defendants 1 and 2 and late Krishna Menon were never interested in the property after the partition, and Madhavi Amma and Bhanumathy Amma continued to be in possession of the property, and later, on the death of Madhavi Amma, Bhanumathy Amma came into absolute possession of the property based on which, she had mutated the property and had remitted the tax. Later, according to the plaintiffs, defendants 1 and 2, along with some of the legal heirs of Krishna Menon, had sold the undivided rights over the plaint schedule property to the 3^rd defendant, and the 3^rd defendant attempted to trespass into the property and collect the usufructs. The 3