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K. Seshadri Aiyangar Vs. Arayar Srinivasa Chariar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.558
AppellantK. Seshadri Aiyangar
RespondentArayar Srinivasa Chariar and ors.
Excerpt:
decree - form of injunction. - 1. both the lower courts have found that according to the usage of this temple, the plaintiffs have the exclusive right they claim. no attempt has been made to show that the evidence is insufficient to support the finding, which we accordingly accept. the district judge has, however, granted the plaintiffs an injunction restraining the appellant from allowing others to sing or recite. we think this form of injunction is open to objection, and that in the decree the words' from interfering with the plaintiffs and the 1st defendant in their singing or reciting of ' must be substituted for the words from allowing the members of the adhyapaka sangam to sing or recite.' otherwise the decree is confirmed. the appellant will pay the respondents' costs.
Judgment:

1. Both the lower Courts have found that according to the usage of this temple, the plaintiffs have the exclusive right they claim. No attempt has been made to show that the evidence is insufficient to support the finding, which we accordingly accept. The District Judge has, however, granted the plaintiffs an injunction restraining the appellant from allowing others to sing or recite. We think this form of injunction is open to objection, and that in the decree the words' from interfering with the plaintiffs and the 1st defendant in their singing or reciting of ' must be substituted for the words from allowing the members of the Adhyapaka Sangam to sing or recite.' Otherwise the decree is confirmed. The appellant will pay the respondents' costs.


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