VELAYUDHAN NAIR Vs. NARAYANAN NAMBOODIRI

JUDGEMENT

(1.) Defendants 3 and 4 seek to revise an order rejecting their application for the issue of a commission to assess the value of improvements, with a direction that if they are entitled to get value of improvements it could be assessed in execution.

(2.) This unfortunate litigation started 13 years ago in 1974. The suit property is 4 acres 17 cents. The suit as framed initially was only for injunction to restrain various defendants from disturbing possession of the plaintiffs. In this revision petition, we are concerned only with 31 1/2 cents out of the suit property claimed by the revision petitioners. The suit property belongs to a Namboodiri Illom. The suit was filed on behalf of the illom by the karanavan and another member.

(3.) Revision petitioners claimed that 31 1/2 cents out of the suit property was given from the illom to the mother of the second revision petitioner for enjoyment on condition that she should pay Rs. 2/- and a bunch of bananas every year during onam. The contention is that the arrangement was made on account of the fact that the mother of the 2nd revision petitioner was the maid servant in the illom. Now the services are continued by the 2nd revision petitioner. Therefore revision petitioners contended that the prayer for injunction will not lie with respect to the said 31 1/2 cents. Trial Court dismissed the suit as regards the said 31 1/2 cents and decreed the suit for injunction regarding the remainder.