K.POTTIAMMAL Vs. S.G.MANI

JUDGEMENT

(1.) This Second Appeal has been filed by the defendants in a suit for injunction. The trial court dismissed the suit and the First Appellate Court reversed the judgment of the trial court. The appeal has been admitted on the following questions of law;

(2.) The facts are as follows;

(3.) Originally, before the trial court, Ext.A1 was the only document produced on the side of the plaintiff which is a basic tax receipt issued on 29/12/1997 in the name of Smt.S.G.Maniyammal. On the side of the defendants Exts.B1 and B2 series and Ext.B3 have been produced. Ext.B1 is the agreement dtd. 27/2/1978 between the predecessors of the parties. Ext.B2 series are all basic tax receipts ranging from 1978 to 1997 and Ext.B3 is the copy of the electoral card No.8 of Ward No.2 in the name of Subramaniam, the predecessor of the defendants and others. The plaintiffs were examined as PW1 and PW2, the 2nd defendant was examined as DW1 and the attestor of Ext.B1 agreement was examined as DW2. The trial court dismissed the suit finding that the plaintiffs were not able to establish their case of possession since the suit was only for injunction against trespass.