- 38: The cause for the suit was stated to be the obstruction caused by defendants when plaintiff was in the process of constructing a wall on the eastern side. In this case, there was bare suit for injunction against trespass and for peaceful enjoyment of property by plaintiff.
The Supreme Court held that the questions of title and ownership are not precluded from consideration. Each case will have to be examined on its own merits keeping in view the nature of the pleading put forth before the trial court and the understanding of the case with which the parties have gone to trial. Para 11