ZAIBUNNISSA BI Vs. RAM KISHORE

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment of the learned IX Additional Judge, City Civil Court, Madras, in A.S. No. 435 of 1984 in confirming the judgment of the learned XVI Assistant Judge, City Civil Court, Madras, in O.S. No. 8082 of 1980. The defendants in the suit are the appellants in the above Second Appeal.

(2.) THE suit was filed for directing the defendants to deliver possession of the two rooms on the northern side situate on the eastern row of Valley Hussain Street Old No. 24, New No. 49/3, Strahans Road, Madras-12 and for restraining the defendants by a permanent injunction interfering with in any manner with the structure of the suit property.

(3.) LEARNED counsel for the appellants has therefore, rightly restricted his submissions to two legal issues namely, as to (1) whether the suit was not maintainable in view of Section 28(4) of the Specific Relief Act, 1963 (hereinafter referred to as "the Act") and (2) whether the defendants were entitled to invoke protection under Section 53-A of the T.P. Act.