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The Civil Suit has been filed under Order IV Rule 1 of the Madras High Court Original Side Rules read with Order VII Rule 1 of C.P.C., seeking for a Judgment and Decree against the first and second defendants

(i) for a permanent injunction restraining the first and second defendants, their agents and servants any person, every person claiming under them either directly or indirectly from in any way dealing with the suit properties more fully described in the schedule hereunder or interfering with the plaintiffs use, occupation and enjoyment of the suit properties morefully described in the schedule hereunder; and

101. The learned counsel appearing for the defendants would also rely upon two decisions, viz.,

(i) Jemma v. Raghu, AIR 1977 Orissa 12

(ii) Karthiyayani Amma v. Govindan, AIR 1980 Kerala 224

102. In the first decision, the principle is that, a plaintiff not in possession of the suit property is not entitled to the relief of injunction without claiming recovery of possession. In the second case, the principle is, person in possession without title, whether can maintain a suit for injunction against true owner restraining him from disturbing his possession, it was negatived that such injunction cannot be granted against the true owner.