(1.) THE suit was filed by one Peria Karuppan Ambalam for declaration of his right in the suit properties and for an injunction restraining the defendants from interfering with his enjoyment of the properties. According to him, the defendants are trespassers and have no right whatever in the suit properties. Pending the suit, the said Periakaruppan died and his daughter and wife came on record as his legal representatives. After the legal representatives came on record, the prayer in the plaint reads that their right in the suit properties should be declared and the defendants should be restrained by an injunction from interfering with their enjoyment of the properties.
(2.) THE trial court accepted the contention of the plaintiff and held that the defendants were not having any interest whatever in the suit properties. Consequently, the trial court passed decree declaring the rights of the plaintiffs and granting an injunction restraining the defendants from interfering with the procession of the plaintiffs. No doubt the wordings of clause 1 of the decree of the trial court are not appropriate. It reads as if the entire suit properties belong to the plaintiffs exclusively. THE declaration should have been that the plaintiffs are having rights of ownership in the suit properties.