SATHYABHAMA AMMA Vs. VIJAYA AMMA

JUDGEMENT

(1.) The revision petitioner in both the Civil Revision Petitions, is the plaintiff in a suit for injunction.

(2.) The suit property admittedly belonged to one Sreedharan Nair who died on 27-8-1990. The plaintiff is the sister of Sreedharan Nair, and the defendant the widow. The plaintiff claims possession over the suit property as having given to her by Sreedharan Nair, and that there was an understanding that the property will be given . over to her. The claim is resisted by the defendant on the plea that on the death of Sreedharan Nair, the property devolved upon her being the sole heir and ever since, she is in possession and enjoyment and the plaintiff has no manner of right

(3.) In the Trial Court, the plaintiff filed IA No.878/92 for a temporary injunction. There was IA No.946/92 by the defendant praying for a temporary injunction restraining the plaintiff from trespassing into the property, from altering the nature of the property and from interfering with the peaceful possession and enjoyment by the defendant. The Trial Court held both applications together and by a common order dismissed the application of the plaintiff and allowed the application of the defendant. The appellate court in CMA Nos. 105/92 and 106/92 dismissed the appeals of the plaintiff. The plaintiff has come up in revision.