SHARADA SHEDTHI Vs. SUSHEELA SHEDTHI

JUDGEMENT

(1.) The captioned second appeal is filed by the legal heirs of deceased defendant No.1, questioning the divergent findings of the Courts below wherein plaintiff's suit for injunction, which was dismissed by the Trial Court, has been reversed by the Appellate Court in R.A.No.530/2005.

(2.) For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

(3.) Plaintiffs filed a bare suit for injunction and damages against the defendants, alleging that defendants tried to trespass on the suit schedule property that was allotted to plaintiffs. Plaintiffs claimed that the suit schedule property belong to one kavaru of one Sundari Shedthi, who is the mother of the plaintiffs. Plaintiffs further contended that the suit property was allotted to the said kavaru under compromise recorded in a partition suit in O.S.No.66/1963. Plaintiffs therefore contended that, postcompromise decree, the said kavaru took possession of all the properties through Court and, from the date of securing possession, the said kavaru was in exclusive possession and enjoyment of the suit schedule A properties.