This appeal by special leave is against the judgment and decree dated 27th October, 1977 passed by the Madras High Court in Second Appeal No.
The suit was resisted by Muthiah asserting that he was in possession of the suit property on the basis of the Will as well as by allotment in his favour.
Ramaswamy plaintiff succeeded in the trial Court as well as in the first Appellate Court on the first issue that he was in sole possession of the suit properties.
This led file a suit for permanent injunction against Muthiah to preserve his possession.
3 logically was decided in favour of the Ramaswamy plaintiff up till the level of the first Appellate Court.
On the pleadings of the parties, the trial Court raised the following issues on the subject Whether the plaintiff was in possession of the suit properties?
1 and 2, issue No.
Whether the Will and allotment pleaded by the defendant were true?
On the other hand Muthiah claimed that these properties had been bequeathed to him by his father under a Will.
Muthiah defendant failed on the second issue as he companyld neither prove the Will to be true and genuine number any allotment in his favour.
Whether the plaintiff is entitled to injunction?
On the findings on issues Nos.
