REGHUPRASAD Vs. M. RAGHUNATHAN

JUDGEMENT

(1.) The suit was for perpetual injunction. The trial court dismissed it. In appeal, the learned district judge decreed the suit in part. The defendant is in second appeal.

(2.) Heard Sri. S.M. Prem, the learned counsel for the defendant and Sri. S.V. Balakrishna Iyer, the learned senior counsel for the plaintiffs.

(3.) The property owned by the plaintiffs and the property owned by the defendant's father Madhavan Nair lie adjacent. Those properties were one holding owned by one A.V. Raghava Warrier. He executed Ext. A3 will to bequeath his property to Madhavan Nair, his son, and Radha, his adopted daughter. The land was perpendicularly divided into two unequal parts and the land on the extreme east was bequeathed to Madhavan Nair and the rest to Radha. These are admitted facts.