DAMODARAN Vs. VARGHESE

JUDGEMENT

(1.) THIS is an appeal by defendants 1 to 3. The suit was one for injunction to restrain the defendants from trespassing into the suit property and interfering with the plaintiff's possession of the suit property. The plaintiff submitted that he is in possession of the suit property and that he has got the entitlement to obtain a decree for injunction against the defendants since the defendants are attempting to trespass into the suit property.

(2.) THE defendants contended that the plaintiff has no possession over the suit property and that they are in possession of the suit property when the suit was instituted. Plaintiff produced and marked certain documents before the trial court and examined certain witnesses. THE trial court after considering the evidence adduced by the parties recorded a finding that the plaintiff has established his possession over the suit property. THE trial court also held that the case of the defendants is truthless. Defendants filed an appeal before the appellate court. THE appellate court also re-assessed the evidence and confirmed the judgment and decree of the trial court. How the defendants appeal.

(3.) IN law possession is a relative matter. Generally and usually the court is not concerned with in suits for injunction, the question who has the best right to possess; it is concerned with the question which of the parties before the court has the better right to possess. This principle is illustrated in Salmond on jurisprudence. "if A momentarily hands his wallet to E. from whom it is stolen by C. who then loses it on D's property, where it is then found by e. the question who has the right to possess which is often considered the same as the question who has legal possession will depend on who brings action against whom, Against all subsequent parties E's title would prevail, for finding confers a good title.