M. SADIQ ALI Vs. B. BASAVARAJ AND ANOTHER

JUDGEMENT

(1.) THIS second appeal is filed by the Plaintiff challenging the legality and validity of the judgment and decree passed by the first appellate Court namely Small Causes Judge, Mysore, dated 12.8.1988 in R.A. No. 42 of 1987 in reversing the judgment and decree dated 27.11.1985 passed by the Court of II Munsiff, Mysore in O.S. No. 592 of 1983 urging that the substantial question of law as formulated by this Court at the time of admission of this appeal arise for consideration and exercise of its power in this Appeal under Section 100 Code of Civil Procedure.

(2.) FOR the sake of convenience, parties are referred as per their ranking in the original suit proceedings.

(3.) THIS Court at the time of admission of this appeal on 25.11.1988 has framed the following substantial questions of law for its consideration: 1) Whether the Lower Appellate Court was justified in law in denying the appellant an injunction that would have enabled the appellant to make use of the passage in front of his shop -premises? 2) The suit property being a passage affording access to the appellant's shop premises, was it therefore, proper to the landlord of the shop premises to designate the passage as a separate unit and to dispose off the same in favour of the second Defendant? 3) Is the view of the lower appellate Court that the Plaintiff's suit was barred by time tenable in law?