KRISTNAM SOORAYA Vs. PATHMA BEE

JUDGEMENT

(1.) On the facts stated by the District Judge we are of opinion that the suit is sustainable. We are unable to accept the view taken by the learned Judges in the case Kunhiamma v. Kunhunni I.L.R. 16 Mad. 140.

(2.) In our opinion the proviso to Section 42 of the Specific Relief Act does not operate so as to take away from a party against whom an order has been made under Secs.280, 281 or 282 of the Civil P. C., the special right conferred by Section 28-3 to sue for a declaration of his title in so far as it is affected by the order which he seeks to impeach.

(3.) We think the law on this question was correctly laid down by Muttusami Iyer, J., in his judgment in Ambu V/s. Ketlilamma I.L.R. 14 Mad. 23 at p. 25. JUDGMENT