JOY JOSEPH Vs. OUSEPH

JUDGEMENT

(1.) In O.S. 303/2008 a decree was granted directing the appellants to surrender vacant possession of the plaint schedule item No. 1 to the plaintiffs. Prohibitory injunction was also passed in that suit against the appellants restraining them from trespassing into plaint items 1 and 2 and committing any waste in the plaint schedule property and also restraining them from causing any obstruction to the plaintiffs taking usufructs from the plaint schedule property.

(2.) In O.S. 304/2008, a permanent prohibitory injunction was passed against the defendants therein from trespassing into the plaint schedule item Nos. 1 to 4 shown therein (excluding plaint items 5 and 6) and committing any waste in that property and also restraining the defendants from causing obstruction to the plaintiffs taking usufructs and enjoying the plaint schedule property.

(3.) Admittedly the plaint schedule property belongs to the father and mother, the respondents herein. It is contended that plaintiffs 1 and 2 have executed and registered a Will in respect of their properties as per which three items of properties have been bequeathed in the name of the first appellant. But dissatisfied with the property given to him he started quarreling with the parents. It was also contended that the 2nd appellant who is the wife of the first appellant filed M.C. No.6/2008 against the respondents (father and mother of the first appellant) before J.F.C.M-I, Vaikom alleging commission of domestic violence stating false allegations.