SUBRAMANIAM Vs. JAYARAMA REDDY DIED

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant. Originally, the mother of the plaintiff filed a suit for injunction.

(2.) HE case of tHE plaintiff was that tHE plaintiff's motHEr, Narayanammal purchased tHE suit property under a registered sale deed, dated 16.08.1961 and originally a part of tHE suit property measuring an extent of 26 feet x 26 feet was owned by Murugappa Reddy and HE sold tHE same to one Kannappa Reddy, under a registered sale deed, dated 01.08.1941 and tHEreafter, tHE said Kannappa Reddy sold tHE property to Pichaiammal, under a registered sale deed, dated 10.05.1982 and tHE said Pichaiammal, who is tHE sister of tHE plaintiff, orally purchased some portions from Murugappa Reddy and sold an extent of 76 feet east-west and 26 feet north-south to tHE plaintiff, under a registered sale deed, dated 16.08.1961 and tHE plaintiff continued to be in possession and enjoyment of tHE property. THE defendants, who are having property on tHE nortHErn side, are creating trouble and are trying to interfere with tHE plaintiff's property and HEnce, tHE suit was filed for injunction.

(3.) AT the time of admission, the following substantial question of law was framed by this Court:- Is it not the possession over the suit property the primary question to be decided than the title over the same which is only ancillary, in a suit for bare injunction"