KAMAKSHI Vs. SUBRAMANIAN

JUDGEMENT

(1.) This Second Appeal has been filed against the Judgment and Decree made in A.S.No.148 of 2006 dtd. 27/10/2009 on the file of the Principal Subordinate Judge, Vridhachalam thereby partly allowing the same insofar as the relief of permanent injunction is concerned and dismissed the relief of declaration of title modifying the judgment and decree made in O.S.No.1014 of 1992 dtd. 7/4/2005 on the file of the Principal District Munsif Court at Vridhachalam.

(2.) The defendants 1, 3 and 4 in O.S.No.1014 of 1992 on the file of the Principal District Munsif, Vridhachalam is the appellants herein. Before the said Court, the respondent herein filed the above referred suit as against the appellants and one another Valarmathi (Died) seeking the relief of declaration declaring that the plaintiff is the absolute owner of the suit schedule property and for the relief of permanent injunction restraining the defendants/appellants or his agents in interfering with the peaceful possession and enjoyment of the suit schedule property. Alternatively, he prayed for the relief of possession in case of forcible possession and for compensation towards the rent from the date of plaint till the date of delivery of property and for costs. By Judgment and Decree dtd. 7/4/2005, the learned Principal District Munsif, Vridhachalam had dismissed the suit in its entirety.

(3.) Aggrieved over the said findings, the plaintiff/respondent preferred an appeal in A.S.No.148 of 2006 on the file of the Principal Subordinate Judge, Vridhachalam. By Judgment and Decree dtd. 29/10/2009, the learned Principal Subordinate Judge, Vridhachalam had partly allowed the appeal and granted the relief of permanent injunction in favour of the plaintiff. Feeling aggrieved over the Judgment and Decree dtd. 29/10/2009, the defendants 1, 3 and 4 have preferred this second appeal.