CHAMPALAL JAIN Vs. THATTIKUNDA RAJAMANNAR TRUST

JUDGEMENT

(1.) THESE Appeals are by the plaintiffs in C.S. No.1031 of 1994, on the file of this Court. O.S.A. No.4 of 1995 is against the order in Original Application No.773 of 1994, and O.S.A. No.5 of 1995 is preferred against the order in Original Application No.774 of 1994.

(2.) THE suit filed by the appellants is for a permanent prohibitory injunction restraining the respondents herein or their men or agents from dispossessing the plaintiffs from their occupation of their portions in the groundfloor and in the first floor at No.124, N.S.C. Bose Road, Madras-79.

(3.) IN the Original Applications, the 1st defendant who is the owner, filed a common counter affidavit denying the allegations in the plaint. According to the owner (Trust), it sold the entire property to defendants 3 to 10. Because the building is in the occupation of tenants, only approximate area is given. But a reading of the description will show that the entire property and building have been conveyed to defendants 2 to 10 and they did not retain any portion of the property for themselves. The 1st defendant (Trust) wanted dismissal of those two applications.