A.L. YELLAPPA Vs. HUTCHAMMA AND ORS.

JUDGEMENT

(1.) THIS second appeal is filed challenging the rejection of plaint filed by the appellant seeking relief of declaration of title, possession and permanent injunction, on an application filed in that regard by the defendants under Order VII Rule 11(d) read with Section 151 CPC.

(2.) AS the Trial Court rejected the plaint not only by adverting to the pleadings in the plaint but also on the basis of defense taken in the written statement by referring to the documents and evidence on record and as the Appellate Court has confirmed the said order passed by the Trial Court, this appeal has been admitted framing the following substantial question of law.

(3.) PLAINTIFF has filed the suit seeking relief of declaration of his title to the suit lands and for a direction to deliver possession of the same to the plaintiff, along with consequential relief of perpetual injunction to restrain the defendants from alienating or encumbering the suit land, and changing the nature and character of the suit lands, etc.