KUTTIAPPA ALIAS NARAYANAN Vs. KRISHNAN

JUDGEMENT

(1.) THIS appeal by 1st defendant arises out of a suit for permanent injunction and damages.

(2.) REDUCED to their fundamental structure,the facts and circumstances of the case are simple and can be stated briefly.The parties are potters governed by Hindu Law.The plaint properties belonged to one Ambu alias Ryru Nair.The 1st plaintiff and defendants 1 and 2 are his sons.The 2nd plaintiff is the 1st plaintiff's wife.They had a son Janardhanan by name.By the registered will,Ext.A -1,executed on July 17,1945,Ambu who died in the succeeding year bequeathed the plaint properties to Janardhanan.Janardhanan who became entitled to these properties after Ambu's death died in his 15th year.The 2nd plaintiff is his heir.The plaintiffs are in possession of the properties.On March 12,1958,the 1st defendant trespassed on the properties and took the yield from there.The 2nd defendant is the manager of the joint family.According to the plaintiffs the defendants have no right in the properties and they should be restrained by injunction from interfering with the plaintiffs ™peaceful posses­sion of the same.They also claimed in the suit damages for the yield taken by the 1st defendant from the properties.

(3.) THE Munsiff,Taliparamba,who tried the suit dismissed it finding that the will was not valid.In the appeal from his decision the Subordinate Judge,Tellicherry,found the will valid and decreed the suit in terms of the plaint.