RAHMAN BEEVI Vs. KALIMOORTHY

JUDGEMENT

(1.) This Second Appeal is against the concurrent finding of the Courts below.

(2.) The appellants are the Legal representatives of the deceased first defendant Late Packir Mohammed. The suit laid by Kalimoorthy/plaintiff is for recovery of possession on the plea that he borrowed a total sum of Rs 16,000/- from Packir Mohammed/defendant on different occasions. On 17.05.1993, a document was obtained from the plaintiff by the defendant in the nature of usufructary mortgage. The possession of the suit schedule property was given to Packir Mohammed. The document executed by the plaintiff was retained by the defendant. When the plaintiff offered the money borrowed and sought back the possession of the property, the defendant refused to handover the possession.

(3.) Prior to the suit which is subject matter of this appeal, the defendant Packir Mohammed filed O.S.No.309 of 1995, on the file of District Munsif, Mayiladuthurai against Kalimoorthy and his son Ramesh, for permanent injunction on the premise that Kalimoorthy received Rs.16,000/- from Packir Mohammed on 17.05.1993 and handed over the possession of the suit property with a promise to repay the money and get back the property on or before 31.03.1994. Failing which he will execute a sale deed. Kaliamoorthy neither repaid the money by 31.03.1994 nor executed sale deed. Instead, started demanding more money for the property contrary to the written agreement dated 17.05.1993. In the breach of the agreement, Kalimoorthy and his son Ramesh on 19.03.1995 illegally trespassed into the land and tried to forcibly dispossess him. Hence, sought for permanent injunction restraining Kalimoorthy and his son Ramesh from disturbing the peaceful possession.