JUDGMENT

M S Sonak, J. - Heard Mr. Teles for the appellant and Mr. Anoop Gaoker for Respondents 1 and 2.

2. This is a second appeal questioning the Judgments and Decrees made by the Trial Court and the First Appellate Court decreeing the respondents plaintiffs' suit seeking perpetual injunction against the appellants (original defendants) and dismissing the counterclaim raised by the appellants (original defendants).

3. Mr. Teles, learned Counsel for the appellants urges the formulation of the following substantial questions of law from out of the array of substantial questions of law set out in paragraph 23 of the memo of appeal:-

A. Whether the Suit is filed by the Respondents was a Suit simpliciter for Perpetual Injunction without seeking for any Declaratory Reliefs and as such the Suit by itself was not maintainable in law?

B. Whether the Respondents were entitled to obtain a Decree of Permanent Injunction restraining disturbance of possession under Section 38 of the Specific Relief Act, 1963 based on Agreement dated 02/12/2004 in the absence of any documentary evidence showing the actual use and possession of the Suit Office by the Respondents on the date of filing of the Suit?

C.