GANI PALA Vs. KHATI

JUDGEMENT

(1.) THIS is a defendants second appeal directed against the decision of the Additional District Judge at Srinagar who confirmed the decree of the Munsilf at Srinagar. The suit was for a perpetual injunction to restrain the appellant first defendant and his father, the second defendant, from falsely proclaiming the plaintiff to be the wife of the first defendant. In their written statement, the defendants set up in the main that the plaintiff was legally wedded to the first defendant, that they lived together as man and wife and that the suit as framed was not maintainable. The trial court on the evidence adduced before it, found that there was no marriage between the plaintiff and the first defendant and that they did not at any time live together. On the question of the maintainability of the suit also, it found against the defendants and gave a decree as asked for. On appeal to the Additional District Judge, the decision of the trial court was confirmed. The aggrieved first defendant has, therefore, come up in second appeal to this court.

(2.) IT is alleged on behalf of the appellant that issue No. 4 trained by the trial court which related to the maintainability of the suit did not receive adequate consideration at the hands of the courts below. It is true that the trial court did not enter into an elaborate or even a sufficient discussion of that issue. Nor did the Additional District Judge make specific mention of that issue in his judgment. The learned counsel for the plaintiff -respondent states that the point that the suit was not maintainable was not pressed before the lower appellate court.

(3.) THE learned counsel for the appellant has placed considerable reliance on S. 54 of the Specific Relief Act. It says that a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication". According to the appellant, the plaintiff cannot claim any obligation in her favour entitling her to restrain the first defendant from proclaiming that she is married to him.