HABIBA AMMAL Vs. SARKUNAM

JUDGEMENT

(1.) THE appellants in the Second Appeal are plaintiffs before the trial court who filed a suit against the defendants/respondents herein for declaration of title and possession with mesne profits and the same having been non-suited by both the Courts below, they have brought this Second Appeal under section 100 C.P.C.

(2.) BRIEF facts leading to the filing of the present Second Appeal are as under:

(3.) AS against that, the present Second Appeal is filed. This Court while entertaining the Second Appeal framed the following substantial questions of law. "(i)Whether under Section 9 of C.P.C., the Civil Court is having jurisidction to decide the suit for declaration of title, possession and mesne profits, especially when the respondents deny the very tenancy and title of the appellants ? (ii)Whether the respondents/defendants are entitled to claim adverse possession when the appellants/plaintiffs have issued lawyer's notice and filed suit immediately after denial of title of the appellants by the respondents/defendants?