In Brief
A father left 59 cents of land by Will to his two sons—Respondent No. 1 and his brother Achuthan Nair. The Appellants, neighbouring property owners, had encroached upon part of the land. Respondent No. 1 sued for mandatory injunction and boundary wall construction. The Trial Court granted relief, but the District Court set it aside, finding the Will unproven and Respondent No. 1's title unsubstantiated. The High Court, while upholding that exclusive title was not established, permitted a limited relief: construction of a compound wall on the suit property in specified locations, excluding the encroached portion. The Supreme Court dismissed the Appellants' appeal, holding that even without exclusive title, a co-owner can seek protective relief if it does not prejudice the other party's rights over their own property.
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