P T THOMAS Vs. THOMAS JOB

JUDGEMENT

(1.) Leave granted.

(2.) The above appeal is directed against the final order of the High Court of Kerala at Ernakulam dated 27-8-2003 in CRP No.1136/2003 allowing the Revision Petition filed by the Respondents herein.

(3.) The Appellant and the Respondent are brothers, Respondent being the elder. They have another brother who is well employed in the United States. The three brothers partitioned the property left behind by their father by metes and bounds. The Respondent was running a theatre. A part of the theatre fell in the property allotted to the appellant. Since Respondent did not vacate and give vacant possession to the Appellant, he was constrained to file a suit for a mandatory injunction for removal of the building and to surrender vacant possession. The Appellant also prayed for a decree for recovery of possession.