LAWS(KER)-2012-10-360

P.I.RAJAN Vs. SHAN HANEEFA

Decided On October 08, 2012
P.I.Rajan Appellant
V/S
Shan Haneefa Respondents

JUDGEMENT

(1.) THESE appeals arise from a suit filed for specific performance. The plaintiff is the appellant in both the appeals.

(2.) PENDING suit, the plaintiff applied for an order of temporary injunction against the defendants. That stands dismissed. The application of the defendants for temporary injunction against the plaintiff stands decreed.

(3.) WE have looked into copies of Ext.A1. We think that it would be wise to keep away from expressing anything touching the contents of the documents or the merits of the rival claims. Though much was debated before us by the learned counsel for the parties as to the quality of possession, if any, that the plaintiff or the defendants may have or claimed, we are of the view that in an interlocutory matter, it would not be appropriate to dwell deep on that issue, particularly, when there are assertion and counter assertion regarding the different ingredients that go to make what can be called possession in law and on facts.