Deivasikamani Bhattar Vs. Subbiah Bhattar and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/795837
SubjectCivil
CourtChennai
Decided OnJan-07-1909
JudgeMunro and ;Abdur Rahim, JJ.
Reported in4Ind.Cas.1131a
AppellantDeivasikamani Bhattar
RespondentSubbiah Bhattar and anr.
Excerpt:
specific relief act (i of 1877), section 42 - plaintiff out of possession--suit for declaration and injunction alone not maintainable. - 1. the plaintiff himself admits that at the date of the suit he was out of possession. the suit for a mere declaration and injunction is, therefore, barred by section 42 of the specific relief act.2. the second appeal is dismissed with costs.
Judgment:

1. The plaintiff himself admits that at the date of the suit he was out of possession. The suit for a mere declaration and injunction is, therefore, barred by Section 42 of the Specific Relief Act.

2. The second appeal is dismissed with costs.