K SANKARALINGAM Vs. YESURAJ

JUDGEMENT

(1.) This second appeal has been filed by the appellants/plaintiffs against the concurrent judgment passed by the Courts below, dismissing the suit for permanent injunction.

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

(3.) The case of the plaintiffs is that the suit property measuring 7-1/2 cents in Old Survey No.2490-A and Re-Survey No.223/2 was purchased by the first plaintiff from one Perumalswamy, Chandrasekaran and Kumarakurubaran, as per a registered sale deed dated 11.01.1971. In the plaint schedule property, a old shop building is available and the same was leased out by the plaintiffs. Subsequently, the first plaintiff gifted eastern half of the suit property to his brother viz., the second plaintiff. The plaintiffs have been in possession and enjoyment of the same as absolute owners by getting separate patta and tax assessments. On the north of the suit property, Nagercoil-Manakudy Main Road is available and touching the northern side road, a Kurusady is available, which is under the Management of Bharathar Community People. They have no right, title, possession and enjoyment over any of the portion of the south of the road. While so, when the plaintiffs attempted to put a compound wall over the suit property, the first defendant, who is the President of the Bharathar Samudhayam Community along with other defendants 2 and 3 objected the same. Hence, the plaintiffs have filed the suit for permanent injunction.