MANNANGATTI Vs. L. SANMARGAMOORTHY

JUDGEMENT

(1.) The sole defendant in O.S.No.137 of 2007, who had suffered a decree of declaration of title and permanent injunction from disturbing the plaintiff's peaceful possession and enjoyment of the suit property at the hands of the court below has come up with this second appeal.

(2.) For the sake of convenience the parties in the second appeal will hereinafter be referred to as per their array before the trial court.

(3.) The plaintiff filed the original suit for a decree of declaration declaring that he is the absolute title holder and possession of the suit property and for permanent injunction restraining the defendant, his men, agents or any one claiming under him from disturbing the plaintiff's peaceful possession and enjoyment of the suit property in any manner. Pending suit, the 1st defendant died and therefore, his legal heirs, the defendants 2 to 8 who were already on record were recognized as legal heirs of the deceased 1st defendant. Thereafter, the 3rd defendant died and therefore, his legal heirs were brought on record and arrayed as defendants 9 to 12.