MAHENDRAN Vs. SELVARAJ

JUDGEMENT

(1.) These three Second Appeals have been filed by the plaintiffs in O.S.Nos. 2100 of 1990, 691 of 1991 and 562 of 1999 on the file of the Principal District Munsif Court, Trichy, which are for permanent injunction restraining the defendants from interfering with the plaintiffs' possession of the suit properties.

(2.) The case of the plaintiff in O.S.No.2100 of 1990 is as follows:

(3.) The defendants resisted the suit contending that the third defendant has been in enjoyment of the suit property right from 1966 by putting up a fence. The suit filed by the plaintiff's vendors in O.S.No. 1041 of 1986 against the third defendant was withdrawn as settled out of court. Disputing that there was any settlement, the defendants would claim that the withdrawal of the suit without liberty to file a fresh suit would necessarily bar the plaintiff from suing for injunction again. On impleading of the second plaintiff, an additional written statement was filed claiming that the sale deed in favour of the second plaintiff has been created and the second plaintiff has filed separate suit in O.S.No.562 of 1999.