LALITHA THANKACHI Vs. DAMODARAN THAMPY

JUDGEMENT

(1.) Defendants 1, 2, 4, 5 to 8,10 and 11 in a suit instituted by Respondents 1 and 2 for a perpetual injunction restraining the defendants from trespassing upon the plaint schedule property, are the revision petitioners.

(2.) The temporary injunction sought for was refused by the Trial Court. On appeal, the Appellate Court by the judgment under challenge has appointed the additional Government Pleader as receiver to manage the properties in dispute.

(3.) Facts which are relevant and essential to dispose of the dispute lie in a narrow compass. The first plaintiff, going by the pleadings "is dumb and idiot in his birth and he was not capable of looking after his affairs even after he attained majority and he was under the care and custody of his mother till her death and thereafter under the second plaintiff." The second plaintiff contends that he took over the guardianship of the first plaintiff on the strength of the will of the mother of the first plaintiff appointing him as the guardian of the first plaintiff. He is also the executor and administrator of the properties as per the will. The main relief sought for in the suit reads:-