RAJA Vs. NALLAMUTHU (DIED)

JUDGEMENT

(1.) This Second Appeal has been filed against the Judgement and Decree dated 11.11.2009 passed in A.S.No.3 of 2007 on the file of the Subordinate Court, Attur, confirming the judgement and decree dated 31.01.2005 passed in O.S.No.391 of 2000 on the file of the District Munsif Court, Attur.

(2.) The Appellants are the defendants.

(3.) The suit schedule properties were the self-acquired properties of the plaintiff. The plaintiff was in enjoyment of the same without any objection from anyone for more than 30 years and preferred a title through adverse inference. The suit property is Salem Highways Poramboke land on which the plaintiff had encumbered and put up a house and is in enjoyment. The electricity connection stands in the name of the plaintiff. The first defendant is the younger brother of the plaintiff and second defendant is the wife of the first defendant. At the request of the first defendant, the plaintiff permitted him to live in a portion of his house until the first defendant himself builds a house of his own. Taking advantage of the said permission, the first defendant got a separate electricity connection to the portion in which he was residing. On coming to know this, the plaintiff insisted the first defendant to vacate the premises. The door number of the plaintiff s house is 32/C. During the pendency of the suit, the third defendant who is residing on the eastern side of the permitted portion proclaimed that he got the house from the second defendant and started to disturb the peaceful enjoyment of the plaintiff. Even before 30 years, the plaintiff got permission from the Panchayat to build a house and he is also paying the house tax without fail. Since the defendants are disturbing the possession of the plaintiff over the suit property, he has filed the suit for permanent injunction.