ARYAMVELLI VEETTIL KUNHAPPU Vs. MUTTA BALAN

JUDGEMENT

(1.) Whether it is permissible in a suit for injunction simplicitor to grant a decree of fixation of boundary and a mandatory and prohibitory injunction which would cumulatively declare the title over the property, whether a survey commission can be issued in a suit for injunction simplicitor without having a substantial prayer either for fixation of boundary or for recovery of possession and when there is disputed title, is it permissible to grant a blanket prohibitory injunction by issuing a survey commission and by annexing the plan prepared to the decree, are the questions essentially came up for consideration in this appeal.

(2.) A suit for prohibitory injunction decreed by both the Trial Court and the First Appellate Court, hence the defendant came up with this appeal.

(3.) It is a suit for injunction simplicitor, but the Trial Court granted a decree fixing the four boundaries of plaint schedule property and the survey plan prepared by the commissioner was made as part of decree and thereby virtually granted a decree of fixation of boundary and permanent prohibitory injunction, besides the mandatory injunction, thereby indirectly declared the title of the plaintiff over the property overlooking all settled legal principles and provisions of law.