KARUPPUSAMY Vs. N. P. ANGAPPAN

JUDGEMENT

(1.) Heard the Learned Counsel for the Appellants and the Learned Counsel for the respondents.

(2.) This Second Appeal is filed by the defendants aggrieved by the concurrent findings of the Courts below allowing the suit filed by the plaintiffs for permanent injunction restraining the appellants from disturbing the peaceful possession of suit schedule property, which is a cart way of 10 feet width situated in old Survey No.445-C and new Survey No.696 in Olalakoil, Gobichettipalayam, Erode District.

(3.) According to the plaintiffs, as per the sale dee dated 28.01.2004, the suit mentioned 10 feet cart track owned by them. The predecessor-in-title got the said property through partition deed dated 02.12.1996. Since his vendor refused to sell the property to the defendants for price offered and sold to the plaintiffs for fair value, aggrieved, the defendants are trying to disturb the enjoyment of the cart track and obstructing the plaintiffs. On 24.10.2005, the defendants attempted to ameliorate the cart track which was stopped with great difficulty. Hence, the suit for permanent injunction is filed for peaceful possession and enjoyment of the cart track.