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2017 Supreme(Mad) 3798

T.RAVINDRAN
DAVOOD ALI – Appellant
Versus
JOHN BASHA – Respondent


Advocates Appeared:
For the Appellants :Mr. N. Suresh, Advocate.
For the Respondents:Mr. S.D.S. Philip, Advocate.

JUDGMENT :

T. Ravindran, J.

The plaintiffs in this second appeal have impugned the judgment and decree dated 13.08.2010 made in A.S. No. 1 of 2007 on the file of the Subordinate Judge, Gingee, confirming the Judgment and Decree dated 19.01.2006 made in O.S. No. 117 of 1999 on the file of the Additional District Munsif Court, Gingee.

2. The Second Appeal was admitted and the following substantial questions of law are formulated for consideration in this Second Appeal:

(a) Whether the Courts below are right in giving a finding that the plaintiffs have not proved title over the property, when the suit is for injunction simpliciter as the issue of title will not be directly and substantially in issue?

(b) Whether the Courts below are right in recording finding regarding the title over the property as the finding on title cannot be recorded in a suit for injunction as per the judgment of the Hon'ble Supreme Court reported in Ananthula Sudhakar v. P. Buchi Reddy, 2008 (4) SCC 594?.

3. The suit has been laid by the plaintiffs for permanent injunction.

4. The plaintiffs 1 to 3 are the sons and fourth plaintiff is the wife of one Abdul Majith Sahib. The defendants 2 and 3 are the sons of the first























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