Skip to content


Sannasi Ambalagarau and anr. Vs. Venkatapathy Chetty and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.420
AppellantSannasi Ambalagarau and anr.
RespondentVenkatapathy Chetty and ors.
Excerpt:
injunction, suit for - no prayer for declaration--maintainability of suit. - 1. the judge holds that if the plaintiffs had sued for a declaration of title and for an injunction, then the suit would be maintainable, but as the suit is only for an injunction he holds that it will not lie. but the prayer for an injunction necessarily involves a declaration of title where the title is denied. the decree of the judge cannot be uphold. we set it aside, direct him to restore the appeal to his file and dispose of it in accordance with law. costs will abide the event.
Judgment:

1. The Judge holds that if the plaintiffs had sued for a declaration of title and for an injunction, then the suit would be maintainable, but as the suit is only for an injunction he holds that it will not lie. But the prayer for an injunction necessarily involves a declaration of title where the title is denied. The decree of the Judge cannot be uphold. We set it aside, direct him to restore the appeal to his file and dispose of it in accordance with law. Costs will abide the event.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //