S KATHAMUTHU Vs. S MAHALINGAM

JUDGEMENT

(1.) The appellant is the defendant in O.S.No.95 of 2000 on the file of the learned Principal District Munsif, Karaikkal, laid by the respondent/plaintiff for permanent injunction, alleging that the appellant/defendant, who is nonetheless the brother of the respondent/plaintiff, was attempting to interfere with the peaceful possession and enjoyment of the respondent/plaintiff, who was enjoying the suit property as a cultivating tenant as evident from the Adangal extract which was marked as exhibit A1.

(2.) The suit was resisted by the appellant/defendant based on exhibits B2 to B6.

(3.) Upon the above rival contentions, the learned Principal District Munsif, Karaikal, framed the following issues: (i) Whether it is true that the plaintiff is the cultivating tenant of the suit property and he was in possession and enjoyment of the suit property as on the date of presentation of the plaint? (ii) Whether the plaintiff is entitled to an order of permanent injunction as prayed by him? (iii)Whether the plaintiff is entitled to a judgment and decree as prayed for?