S KOTHAIMALAR Vs. KALYAN ALIAS KALYANASUNDARAM

JUDGEMENT

(1.) THIS is an application filed by the plaintiff seeking an order of permanent injunction restraining respondents 1 to 4 and 6 from alienating, encumbering, mortgaging or leasing out the newly built flats to third parties.

(2.) THE applicant would contend that she is a registered owner of the premises bearing door Nos.98 and 99, Gowdia Mutt Road, Chennai 600 014 by means of three registered sale deeds. Respondents 1 to 4, who are adjacent owners of premises bearing No,97, Gowdia Mutt Road, Chennai 600 014, cooked up certain documents in collusion with the sixth respondent and obtained planning permit from the fifth respondent with the connivance of its officials and started putting up constructions encroaching upon the property belonging to the applicant. Having hurriedly put up illegal construction, they are now contemplating to alienate the suit property. Hence, the aforesaid relief is prayed for by the applicant.

(3.) THE point that arises for determination is whether the applicant is entitled to an order of injunction restraining respondents 1, 3, 4 and 6 from alienating or encumbering or mortgaging or leasing out the property.