LAWS(MAD)-2021-10-194

E.B.LINGAN Vs. J.R.BELLIE

Decided On October 06, 2021
E.B.Lingan Appellant
V/S
J.R.Bellie Respondents

JUDGEMENT

(1.) This Second Appeal is preferred against the judgement and decree dtd. 29/6/2009 passed by the learned Subordinate Judge, Uthagamandalam in A.S.No.33 of2007.

(2.) The sixth defendant is the Appellant herein and the deceased first respondent was the plaintiff.

(3.) The averments made by the parties in brief:- The plaintiff is the absolute owner of the land measuring 47 cents in R.S.No.201 of Jagathala Village and the property has got specific boundaries described in the suit schedule. He derived title by way of inheritance from his father late J.M.Ranga Gowder. The suit property was the ancestral property of the plaintiff and it was in the continuous enjoyment of the plaintiff and his ancestors for so many years. The plaintiff was cultivating the suit property by raising crops and he has produced the Chitta and Adangal extracts to show the same. On 28/2/1997 and 2/3/1997, the defendants who were strangers to the suit property attempted to trespass into the suit property by use of force and violence and the said attempt was resisted by the plaintiff. Since the defendants continued to disturb peaceful enjoyment of the plaintiff over the suit property, he has filed the suit for the relief of permanent injunction.