In this second appeal, challenge is made to the judgment and decree dated 20.09.2004 passed in A.S.No.14/2004 on the file of the Principal Subordinate Court, Gobichettipalayam, partly reversing the judgment and decree dated 16.02.2004 passed in O.S. No.313 of 2000 on the file of the II Additional District Munsif Court, Gobichettipalayam.

2. The second appeal has been admitted on the following substantial question of law:

“Whether on facts of this case, without a prayer for declaration, a suit for bare injunction alone is maintainable?”

3. Considering the scope of the issues involved in the matter as regards the subject matter between the parties lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.

4. The suit has been laid simpliciter for the relief of permanent injunction by the plaintiff against the defendants and considering the plaint averments, it is found that the plaintiff seeks exclusive possession and enjoyment of the suit properties mainly upon the partition deed dated 10.07.91, marked as Ex.A1 and on that footing contending that the suit properties, as described in the plaint, are in his exclusive possession and enjoyment and