MAYANDI Vs. RAJU

JUDGEMENT

(1.) This second appeal has been filed by the appellants/defendants 2 & 3 against the concurrent judgment passed by the Courts below, decreeing the suit for permanent injunction in favour of the first respondent/ plaintiff.

(2.) For better appreciation and understanding, the parties are referred to as per their in rank in the suit.

(3.) The case of the plaintiff is that the suit property was the exclusive property of the adoptive father of the 4th defendant by name P.S.Sivasubramanian and after his death, the suit property was devolved on the 4th defendant. The said P.S.Sivasubramanian Iyer as well as the 4th defendant had title by prescription as well as adverse possession. When the fathers of the defendants 1 to 3 disturbed the possession of the suit property, the fourth defendant had filed a suit in O.S.No.299 of 1977 for declaration and injunction, and the same was dismissed, but in the appeal ie., A.S.No.138 of 1978 the suit was decreed. Thereafter, the 4th defendant sold the suit property to the plaintiff for a valid sale consideration by a registered sale deed dated 31.05.1991. The judgment and decree passed by the first appellate Court in A.S.No.138 of 1978 would operate as res judicata. As the defendants 1 to 3 have been attempting to interfere with the peaceful possession and enjoyment, the plaintiff has filed the suit for permanent injunction restraining the defendants 1 to 3 from interfering with the peaceful possession and enjoyment of the suit property in any manner.