ALAMELU AMMAL Vs. CHAKRAPANI,

JUDGEMENT

(1.) The plaintiff in the suit is the appellant.

(2.) The case in brief is as follows: - The plaintiff purchased the scheduled mentioned properties under a registered sale deed dated 11.07.1973 for a valid consideration of Rs.4,000/=. Ever since the date, she was in possession and enjoyment. Dhanavel Padayachi, husband of the 1st defendant and father of defendants 2 to 5 filed O.S.No.887 of 1979 on the file of District Munsif Court, Cuddalore against the plaintiff herein and obtained an ex parte order of injunction on 27.04.1979. The plaintiff, therefore, prevented from enjoying the properties till 21.04.1983. The suit was ultimately dismissed for default. Only thereafter, the plaintiff was able to take possession and now the plaintiff is in enjoyment. Since the plaintiff was prevented from enjoying the properties from 27.04.1979 till 21.04.1983, she has claimed damages. Although the damage was estimated at Rs.26,550/=, she restricted her claim to Rs.10,000/=. Hence the suit.

(3.) At the time of admission of the second appeal, this Court framed the following substantial question of law for consideration: