Judgment. - This second appeal arises out of a suit for injunction. The subject-matter of the suit is a verandah in a building in N.S.C. Bose Road, Madras City. The first appellant Manohara Chetty, is the owner of the building. The building has a ground floor and a first floor. The first floor has four rooms and a verandah. The respondent, a book-selling firm, is a tenant of the appellant. According to the appellant, the respondent’s tenancy comprised the four rooms on the first floor, excluding the varandah. The 1st appellant came to Court and asked for an injunction against bis tenant, the respondent, because, according to him, the respondent was attempting to occupy even the first floor verandah which was not part of the tenancy in his favour.

2. The respondent resisted the suit, asserting that its tenancy comprised the whole of the first floor, and this included the verandah as well.

3. The trial Court recorded a finding that the respondents tenancy of the first floor included the verandah and hence there was no question of the respondent interfering with any one else’s possession in that portion. On this basis, the trial Court dismissed the suit. On appeal, the appellate Court d

Click Here to Read the rest of this document