KISTAMMAL Vs. C KRISHNAN

JUDGEMENT

(1.) THE defendants are the appellants.

(2.) THE deceased first Plaintiff, by name Chengappa Reddy, had filed the suit for declaration of his title to the suit properties and for permanent injunction. THE basis for the above said reliefs are that he, being the sole surviving co-parcener, after the death of his brothers, prior to 1944, inherited the suit properties absolutely that one of the brothers, by name Angusamy Reddy, sold his interest in the property, under the sale deed dated 7.7.1977. Thus tracing the title, claiming possession in himself, as if the first defendant, daughter of one of the deceased brothers, is not entitled to any right and the purchasers under her (defendants 2 to 6) are also not entitled to claim any right, the plaintiff has approached the Court for the above said reliefs, further alleging that the defendants are obstructing his enjoyment or attempting to obstruct his enjoyment, without any right whatsoever.

(3.) THIS Court, considering the rival contentions of the parties and by going through the judgments of both the Courts below, felt, the substantial questions of law, which ought to have been decided by the Courts below, were not properly considered and in this view, admitting the Second Appeal, the following Substantial Questions of Law have been framed for determination: