In Brief
Three brothers were co-tenants of a property. One brother transferred his rights through a notarized affidavit to another. The descendants of the transferee filed a suit seeking declaration that these transfers were valid and injunction against dispossession. The Trial Court dismissed their interim relief application. The High Court, while granting the injunction, improperly dismissed the substantive prayers for declaration and redirected the remaining claims to the defendant's counter-suit. The Supreme Court held that the High Court cannot dismiss the substantive portion of a suit while deciding an interim relief application. The Court restored the original suit and maintained the protective injunction pending disposal.
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