Madras High Court
Sannasi Ambalagarau And Anr. vs Venkatapathy Chetty And Ors. on 2 March, 1909
Equivalent citations: 2IND. CAS.420
JUDGMENT
1. The Judge holds that if the plaintiffs had sued for a declaration of title and for an injunction, then the suit would be maintainable, but as the suit is only for an injunction he holds that it will not lie. But the prayer for an injunction necessarily involves a declaration of title where the title is denied. The decree of the Judge cannot be uphold. We set it aside, direct him to restore the appeal to his file and dispose of it in accordance with law. Costs will abide the event.