ANNAMMA Vs. PATTAMMA

JUDGEMENT

(1.) the points to be considered in this appeal are:- (1) Whether there can be any order of Temporary Injunction in respect of a property wherein plaintiffs claimed that they have an undivided share? (2) Whether as per Section 6, sub-section (2) r/w Section 4 of Mysore Hindu Womens' Right to Properly Act of 1933, plaintiffs are entitled to Succession to property? (3) Whether the Succession should go according to the order as mentioned in those two sections vix., by way of succession or by survivorship? (4) Whether as per Section 6(2) of the Act inspite of the words used 'male' or 'female', can it be said that both male and female succeeds to the properly simultaneously or male excludes female, son excludes widow and daughter, etc.? (5) Can there be an injunction order even in the absence of a prima facie case made out as on the date of filing the suit and in the absence of balance of convenience? (6) even when it is shown thai plaintiffs have made out a prima facie case when greater hardship is going to be caused to the defendant No. 3 if an injunction is granted, is it not proper to decline to grant injunction provided it is shown the harm or injury that is going to be caused to the plaintiff can be adequately and effectively compensated at a later stage when suit decreed in favour of the plaintiffs?"

(2.) Keeping the above ingredients, now this Court has to sec whether the Trial Court was justified in refusing to grant an injunction as claimed by the plaintiffs or not.

(3.) A few facts arc as follows: That in the year 1952 one Chinnappa Mudaliar (father of plaintiffs 1 and 2), one Subramani, another Muniswamy and the first defendant were the owners of two items of property of which suit schedule property, a portion in Item No. 2 which measures about 18' x 80' is one. During the year 1952 Chinnappa Mudaliar died leaving behind him plaintiffs 1 and 2, the two daughters, his sons Subraniani and Muniswamy and defendant-1. Thus succession opened as he died intestate. the properly in question was a self acquired property of Chinnappa Mudaliar. As on the date of his death, both plaintiffs were unmarried.