CHINNAKANNU Vs. K RAJENDRAN

JUDGEMENT

(1.) THE Second Appeal is filed against the judgment and decree dated 06.11.2002 made in A.S.No.23/2002 on the file of the Principal District Judge, Nagapattinam, confirming the judgment and decree dated 17.01.2002 made in O.S.No. 209/2000 on the file of Principal Subordinate Judge, Mayiladuthurai.

(2.) THE averments in the plaint are as follows:- THE plaintiff is the owner of the suit property as per the settlement deed executed by his father Duraiappa Padayachi on 20.11.1972. From the date onwards, he is in possession and enjoyment of the same. Since, he was employed outside the suit village, his brother Sivagnanam was managing the property. Now, the plaintiff has retired from service and now, he has settled at Sirkali Town and cultivating the land. THE plaintiff's brother Sivagnanam has filed a vexatious suit in O.S.No. 387 of 1995 on the file of District Munsif, Sirkali, against the plaintiff and others, for bare injunction and obtained a decree of injunction. THE plaintiff herein along with Thirugnanaprakasam filed an appeal in A.S.No. 149 of 1998, which was allowed. No second appeal has been filed so far. THE plaintiff is in possession and enjoyment of the same. Now, his brother Sivagnanam has instigated the defendants to interfere with the possession of the plaintiff. Hence, the plaintiff is constrained to file the suit for bare injunction against the defendants and prayed for a decree.

(3.) AT the time of admission of the second appeal, the following substantial questions of law were framed for consideration:-