THULASI Vs. ROBERT

JUDGEMENT

(1.) The unsuccessful plaintiffs before both the Courts below, have filed the present appeal. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

(2.) The plaintiffs claiming themselves to be the cultivating tenants of the suit property filed the suit in O.S.No.880 of 1996 before the District Munsif, Gudiyatham, Vellore District seeking for a relief of bare injunction.

(3.) The case of the plaintiffs is that they have been in possession and enjoyment of the suit property for more than 30 years and also built up a terraced house over the same. According to them they are residing in the said property and that the landlords of the suit property, unlawfully attempted to trespass during the year 1991, which forced them to file a suit against their landlords in O.S.No.629 of 1991 for a permanent injunction. Their further contention is that since, the defendant, at the instigation of the landlords of the plaintiffs is attempting to trespass into the suit property, they filed the suit in O.S.No.880 of 1996 for a permanent injunction restraining the defendant, his men and agents from interfering with their peaceful possession and enjoyment of the suit property.