JAYANTHI Vs. K. SELVARAJ

JUDGEMENT

(1.) (i) In a suit for injunction, when it is necessary to seek the relief of declaration of title, either as a main / consequential relief ?

(2.) The plaintiff (Dr. K.Selvaraj) filed a suit for permanent injunction against defendants 1 to 5. Defendants 1 and 2 are husband and wife, of whom, third defendant is the son and defendants 4 and 5 are daughters. The plaintiff claimed title to the suit properties, by virtue of the sale deed, dated 15.04.1999. Plaintiff's predecessor in title, namely, S.Shanmugam, purchased the suit properties from defendants 1 to 3, on 29.12.1997. Claiming that, defendants 4 and 5 have got right and interest over the suit properties, there was interference with the possession and enjoyment of the suit properties. On these allegations, the suit for injunction in O.S.No.238 of 1999 on the file of Additional District Munsif, Namakkal, was filed.

(3.) Challenging the same, the plaintiff filed an appeal in A.S.No.9 of 2000 before the Subordinate Court, Namakkal. The appeal was allowed, thereby the suit came to be decreed. Challenging the same, defendants 4 and 5 have filed this Second Appeal.