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IN THE HIGH COURT OF MARAS
C A Turner, Kt., M Ayyar
Sabhanatha Dikshatar
Versus
Subba Lakshmi Ammal
Decided On : 20 July, 1883
declaratory decree - enforcement of right
Fact of the Case:
The court found the case similar to a cited case and noted that the decree in question was a declaratory decree, allowing the lady to sue for the enforcement of the right declared.
Finding of the Court:
The court decreed the appeal, reversed the order for execution, and made the observation that the decree was declaratory but allowed the lady to sue for the enforcement of the right declared.
Issues: The issue involved the nature of the decree and the lady's right to enforce it.
Ratio Decidendi: The court's decision was influenced by the nature of the decree as declaratory and the lady's right to enforce the declared right.
Final Decision: The appeal was decreed, the order for execution was reversed, and the lady was allowed to sue for the enforcement of the right declared.
Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.
1. We are unable to distinguish this case from the case cited by the appellants vakil--Raja Rau v. Tolasi Ammal C.M.S.A. 391 of 1879 (not reported).
2. As the decree stands, it is a declaratory decree. But the lady can, if need be, sue for the enforcement of the right which has been declared. We decree the appeal and reverse the order for execution but without costs.
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