JUDGMENT

Thes appeals are at the instance of the defendants in a suit for injunction.

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

2.1. The plaint schedule property originally belonged to Areekkara Tharwad. O.S. No. 3 of 1945 was instituted before the Sub Court, Kozhikode seeking partition of the plaint schedule property. In the said suit, a Receiver was appointed. One Thuvasseri Imbachan obtained the suit property and other properties on an oral verumbattam, from the Receiver. Since then, it is claimed that he was in possession of the property. As per a final decree in the suit for partition, a share over the property was given to one Areekkara Kunhipennu. As per the will executed by the said Kunhipennu, the jenm right became vested with Poothamkuzhiyil Kandakutty. Thereafter, it is stated that Thuvasseri Imba