M GANESAN Vs. MR M GNANAM

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant herein.

(2.) THE appellant/plaintiff filed the suit for injunction, restraining the respondents/defendants from interfering with his peaceful possession and enjoyment of the suit saw mill for a period of five years, as per the panchayat agreement dated 6.6.2005.

(3.) THE Trial Court dismissed the suit holding that the plaintiff's father, Mr.Manickam executed a Will dated 1.3.2003, in favour of the first respondent and the said Will was proved through witnesses and as per the Will, the first respondent became absolute owner of the property. THE Trial Court further held that the panchayat agreement dated 6.6.2005, was cancelled by an agreement dated 10.8.2005 and therefore, the appellant/plaintiff cannot claim any right over the suit properties. Though the Trial Court held that the first defendant was not owner of the property, the relief of injunction in favour of the appellant/plaintiff was denied on the ground that the plaintiff has not come to Court with clean hands and he suppressed the caveat filed by the respondents. Aggrieved by the same, the appellant/plaintiff has filed an appeal and the First Appellate Court also confirmed the findings of the Trial Court regarding the Will and the cancellation of the agreement dated 6.6.2005 by an agreement dated 10.8.2005 and also confirmed the findings regarding the relief of injunction. Hence, this Second Appeal.