K KALLAN DIED Vs. M KALLAN

JUDGEMENT

(1.) THE defendant, who suffered a decree for permanent injunction, concurrently, is the appellant originally, on whose death, his legal representatives have been brought on record as appellants 2 to 5.

(2.) THE respondents 1 and 2, claiming that they are the owners of the suit properties, have filed the Suit for permanent injunction. It is their case that the suit properties belong to them, as joint properties, in which the defendant, by name K. Kallan, has no interest and this fact is decided by the Court in O. S. Mo. 11 of 1979 on the file of the sub-Court, Ooty, which reached finality. It is their further case, pursuant to the preliminary decree granted in that case, in the final decree proceedings, the suit properties were allotted to the share of the plaintiffs. However, the original appellant/defendant, who has no right over the suit properties, taking advantage of his position in the politics, is attempting to disturb their possession and in this way, a Suit came to be filed, seeking protection, by way of permanent injunction.

(3.) THIS Court, while admitting the Second Appeal, had formulated the only Substantial Question of Law as follows: "whether it is open to the Court below in dealing with a Suit for injunction to record a finding that the defendant has no right, title or interest in the suit property on the basis of Ex. A-1?"